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(영문) 부산지방법원 2019.02.20 2018고합585

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

The defendant is a person who attends a flat, butane gas, or powder-type insectide.

1. On December 17, 2018, at around 12:15, 2018, the Defendant discovered trees accumulated by cutting to be used by neighboring residents between the Busan Dong-gu B apartment zone and the C park, and caused public danger by burning the said trees by fire.

2. On December 17, 2018, around 14:05, the Defendant discovered a urier of the wooden material that was set up in front of the E located in Busan Dong-gu, Busan, and caused public danger by setting fire by setting fire to the paper waste located in the above ricar.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police seizure record and the list of seizure;

1. Each on-site identification report and accompanying evidence photograph;

1. Application of the respective existing Acts and subordinate statutes referred to in subparagraphs 1 and 3;

1. Article 167 (1) of the Criminal Act concerning the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Where actual damage is insignificant in the mitigation area (6-1 years to 6-1 years), each general crime of fire-prevention (the scope of recommending punishment) (the scope of recommending punishment) and class 3 (the prevention of general goods);

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for up to six months from one year and six months;

(c) Scope of the recommended punishment amended by statutory penalty: Imprisonment with prison labor for one year to one year and six months;

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and two years of probation, without any special reason, the Defendant repeated the crime of fire prevention in C Park, and the crime in C Park is likely to spread to neighboring mountain areas, and thus, the relevant crime is not easy.

However, all of the crimes of this case are committed by the defendant.