beta
(영문) 수원지방법원 안산지원 2017.05.12 2016고합363

일반물건방화

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 09:20 on October 11, 2016, the Defendant: (a) did not enter the house in front of the Delel located in Silst City, Silst City, for two months; (b) did not enter the house, and (c) was flick F with the Defendant, and was flicked with the Defendant, and was flicked, the Defendant: (a) confirmed that his personal information was rare in the surrounding area; and (b) opened a newspaper on the waste enclosed between the vehicle board managed by Silst in Silst and the vehicle board managed by Silst in the victim’s power; and (c) opened a newspaper on the waste enclosed between the victim’s vehicle’s access prohibition against entry and pressure; and (d) continued to put him/her into the newspaper and put him/her up his/her surrounding area into a tree plate surrounding the wooden material machine.

Accordingly, the defendant destroyed the outside part of the plate and the transformer to prevent entry into the vehicle, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes on the screen of CCTV images of the DNA;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

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

2. Application of the sentencing criteria (a type of fire-prevention crime).

1. Where the actual damage (a person subject to special sentencing) is insignificant in accordance with the general standards, one year (the scope of the recommended punishment) shall be sentenced to imprisonment with prison labor for the category 3 (Setting Fire to General Goods) (the area of mitigation and the lower limit shall be subject to the statutory applicable sentencing);

3. The crime of this case committed by the Defendant, by setting aside wastes that the Defendant was on the side of the transformers and setting fire to the wooden plates surrounding the plate prohibiting the entry of vehicles and the transformers, is highly likely to cause damage to another person’s body or property due to the nature of the crime, and thus, the liability for the crime is light.

It is difficult for the defendant to do so, and the defendant has already been.