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(영문) 수원지방법원 안산지원 2016.10.28 2016고합275

일반물건방화

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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 12, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a special injury under the jurisdiction of the Daejeon District Court for the same year.

8.20 The above judgment became final and conclusive.

【Criminal Facts】

On July 12, 2016, around 23:11, the Defendant discovered that a large quantity of banners has been abandoned on the street in front of "D" of the 1st floor of the member-gu Seoul Metropolitan Government, Ansan-si, and caused the fire to spread to the above banner by putting the banners out on the front.

Accordingly, the Defendant destroyed a banner by setting fire and caused public danger.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. E statements;

1. Related photographs, on-site photographs, and CCTV images (the criminal records in the market);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The sentencing criteria shall not apply to concurrent crimes under the latter part of Article 37 of the Criminal Act with the special injury crime for which a judgment of sentence has already become final and conclusive.

In light of the fact that the fire caused by the crime of this case 1 year or 2 year of the suspension of execution could cause serious damage to the lives and property of many people if the fire occurred in the surrounding commercial buildings, the defendant's liability cannot be considered to be less light.

However, the fact that the defendant led to his confession of his crime and divided his mistake, the fact that the main agent was not immediately extinguishing the fire and thus causing serious danger to the public, the fire-fighting banner is a non-owned object on which the waste poster is attached, and the degree of the fire is not much severe, and the crime of this case must consider equity with the case where the crime of this case is adjudicated simultaneously with the crime of special injury which has already become final and conclusive.