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(영문) 수원지방법원 평택지원 2017.02.17 2016고합34

일반물건방화

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 19, 2014, at around 15:10 on August 19, 2014, the Defendant: (a) destroyed a part of the entrance lower and part of the floor board at the entrance by attaching a fire in a incombustible method, on the ground that the Defendant was dissatisfied with the male-child entrance while drinking alcoholic beverages at three gates operated by Pyeongtaek in Pyeongtaek-si B.

Accordingly, the defendant set fire to the general goods and moved them to the boarding house owned by C, resulting in public danger.

Summary of Evidence

1. Each police statement made in relation to E, C, F, and G;

1. Voluntary accompanying reports, investigation reports, internal investigation reports, application of Acts and subordinate statutes to the field photographs of the case;

1. Grounds for sentencing under Article 167 (1) of the Criminal Act with respect to the facts constituting an offense;

1. The scope of punishment by law: Imprisonment with prison labor for one year to 30 years; and

2. Scope of recommendations according to the sentencing guidelines [the types of recommendations], fire prevention, general standards, Type 3 (Setting fire to general goods): Reduction factors: Where actual damage is insignificant (the scope of recommendations and recommendations), mitigation areas; six months to one year; and

3. Determination of sentence: Imprisonment with prison labor for one year, the crime of this case was committed on the entrance of a room which was salvaged by a wooden mix, and thus, if a person in the vicinity of a bed finds it and did not extinguish it, it could cause serious damage to the lives, bodies, and property of many people who carry a building or other things.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, family relation, sex, environment, motive and circumstances before and after the crime, shall be determined by taking into account the following factors: (a) the defendant has no previous conviction in excess of the fine; and (b) the actual damage is minor; and (c) the defendant's age, family relation, sexual conduct, environment