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(영문) 서울남부지방법원 2013.08.22 2013고합213

일반물건방화

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 01:10 on May 12, 2013, the Defendant, in front of the “E” operated by Gangseo-gu Seoul Metropolitan Government C victim D, posted a banner on an advertisement with a tent, which is located front of the space, and made it fluorized up to the wind-free door with a stringle as a plastic material located beside it.

Accordingly, the defendant caused the public danger by burning the banner equivalent to KRW 30,000 of the market value of the victim, and the wind sturling with the market value of KRW 500,000 of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Application of laws and regulations of the ctv screen and reports (fire), on-site identification reports, field map reports, related photographs, investigation reports (ctv screen and screen pictures and screen pictures attached thereto), ctv screen pictures and records;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the facts favorable to the defendant among the reasons for the discretionary mitigation of punishment);

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The sentencing criteria shall not be taken into account because the sentencing criteria for fire-fighting crimes are not set at the time of the institution of public prosecution.

However, the scope of the recommended sentence based on the current sentencing guidelines is three months to one year of imprisonment.

3. Grounds for a suspended sentence: In cases where actual damage is insignificant, a member who is not subject to punishment or who has no record of criminal punishment heavier than that of the suspended sentence.

4. Determination of sentence: Imprisonment with prison labor for eight months, probation two years, probation, and community service order for eight hours;

5. A fire-prevention crime as alleged in the sentencing conditions and its judgment is a serious crime in itself, where there is always the possibility that the fire-fighting subject might rapidly cause human life damage or big property damage as soon as possible.

In particular, in the case of this case, only four LPG gas pipes will be set up immediately after the defendant's fire-fighting banner.