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(영문) 의정부지방법원 2013.04.12 2013고합28

일반건조물방화

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

The purpose of this article is to put C, with a view to having a high depth on the issue of claims and obligations, on the part of C,

1. On December 17, 2012, around 06:30 on December 17, 2012, 06: (a) setting fire on the top of the tent part surrounding the “G package car” in the operation of the “Est” located adjacent to the “G package car” located in the Gangseo-gun, Gangwon Steel, by using disposable gas bags; and (b) setting fire on the top of the tent part, which is a structure.

2. On January 10, 2013, around 11:15, at the lower part of the above packing horse, the fire was destroyed by setting fire to the lower part of the tent surrounding the above packing horse using disposable gas bags.

Summary of Evidence

1. Defendant's legal statement;

1. Each on-site photo of the police statement of F, C, and H;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a visual image closure screen);

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

1. In light of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the defendant's reason for sentencing is highly likely to commit the crime of this case, setting fire twice, which is irrelevant to C, with respect to C, which is a serious risk of the crime of this case. The second crime of the defendant is being investigated as the first fire crime, and there is no evidence to deem that the damage was recovered or the defendant made a very endeavor to recover damage. In light of the fact that the damage caused by the crime of this case is not large and that the defendant has no significant history of punishment, it is inevitable to strictly punish the defendant, even in view of the fact that there is no strong history of punishment.

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age and criminal behavior environment, means of crime, and circumstances after crime, shall be determined as per the order.