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(영문) 서울북부지방법원 2015.10.14 2015고단2976

자기소유일반물건방화

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 of the final judgment.

Reasons

Punishment of the crime

1. On August 17, 2015, around 23:24, 2015, the Defendant: (a) at the vicinity of D’s residence located in Jung-gu Seoul Metropolitan Government, the Defendant was in danger of moving a fire to a motor vehicle located in the said residence and next thereto, on the grounds that it is difficult to distinguish between the wife and the passenger, and there is no distance; (b) however, the Defendant was able to put the fire into a recycled product, such as a waste stop and plastic paint, which are not stored in the relevant location, using a disposable gas bag.

Accordingly, the defendant destroyed the object owned by him and caused public danger.

2. At around 23:40 on the same day, the Defendant: (a) was fluored with a fire on recycled goods, such as plastic paints, which were stored in front of the said residence for the foregoing reason; (b) around 23:40 on the same day, using disposable gas bags.

Accordingly, the defendant destroyed the object owned by him and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the respective Acts and subordinate statutes of D, G and H

1. Relevant Article 167 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act committed two or more times each year by the same day, and the first fire prevention was not spreaded immediately after the discovery by the neighboring people. However, in the absence of immediate response, there is a high risk of spreading the crime due to the high risk of spreading in the absence of immediate response, and the Defendant committed the crime two times at a place where a certain recycling garbage is stored. In light of the fact that the place of the crime was close to a vehicle or a large number of houses, there was a high need to punish the Defendant, considering the fact that there was a high risk of human life damage.

However, the defendant's mistake when he was aware of all the crimes of this case.