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(영문) 대구지방법원 김천지원 2013.11.01 2012고합317

공용건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On August 21, 2012, at around 12:50 on August 21, 2012, the Defendant: (a) destroyed by fire that caused the repair cost of the sperm, a public structure, which is a public structure, installed in an original facility green belt located in the Bupyeong-dong, in order to prevent the State from being aware of the cost of repairing the sperm, which is a public structure, by piling up the newspaper site and a fluor with fire with a disposable gas bags, which had been possessed for the reason that the State does not harm themselves.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Police investigation report;

1. Application of statutes on site photographs;

1. Article 165 of the Criminal Act applicable to the crimes and Article 165 of the Election of Imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act is that the defendant has destroyed sperm, a public structure, which is a public structure, and the fire prevention of public structure is highly dangerous to public safety and peace, which may cause serious damage to the lives and property of many unspecified people, and thus requires severe punishment for the defendant due to defective nature of the crime. However, the damage caused by the crime of this case is not significant, and the defendant is against his mistake while recognizing all of the crimes of this case, considering favorable circumstances, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the sentence identical to the order shall be determined by comprehensively taking into account all the sentencing conditions such as the defendant's age

It is so decided as per Disposition for the above reasons.