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(영문) 인천지방법원 부천지원 2013.06.21 2013고합88

일반자동차방화

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, who was under the teaching system, tried to extinguish the passenger car of the victim by using gasoline with the victim D, who was a workplace commercial victim, with the lusium, and by using gasoline.

On March 19, 2013, at around 03:20, the Defendant: (a) dusted the gasoline prepared in advance for the part of the main set of the G-U.S. car parkeded by the victim in G-U.S., and made it available to the said car by attaching it to the disposable gas gas straw.

Accordingly, the Defendant destroyed the engine, etc. of the passenger car owned by the victim in an amount of approximately KRW 23 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reporting on the occurrence of a crime (fire), investigation reports, field identification reports, investigation reports (verification of logs used by a suspect at the time of committing a crime), investigation reports (verification of suspect moving routes and method CCTVs), investigation reports (defences on the results of fire appraisal);

1. A written appraisal;

1. Application of the provisions of Acts and subordinate statutes to photographs, related photographs, and related photographs by cutting off on-site photographs, screen pictures, and CCTV taken by the suspect;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is [the scope of sentencing] imprisonment with prison labor from one year to 15 years [the decision of sentence] of the Criminal Act (the crime of this case is likely to cause direct property damage to the victim by setting fire to the victim's vehicle and setting fire to the victim's vehicle, and the crime of this fire prevention is highly likely to cause serious damage to the victim's life and property, and thus, the crime of this case is highly likely to cause serious social danger.

However, the Defendant committed the instant crime by drinking alcohol and contingently, and the Defendant caused the Defendant to commit the instant crime by leaving the victim close to the female-friendly body of the Defendant.