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(영문) 광주지방법원 목포지원 2020.05.21 2019고합133

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 resided in B apartment C Dong in Sipopoposi, and the victim D (Nam, 22) resided in the same apartment house and parked the ET100 Oral Ba, which is owned by the victim, in front of the above Cdong.

While the Defendant was running a normal funeral vehicle, the Defendant saw that the victim obstructed the passage of funeral cars by driving the said lebane with excessive driving of the said lebane, and thought that the victim left the said lebane. A.

On September 14, 2019, at around 03:53, the Defendant, who was parked in the front of the above Cdong, lids of fuel lids from the above Oralba, fluor, in his hand, has run away without attaching a stop around the entrance of the fuel.

B. On September 26, 2019, at around 04:26, the Defendant run away with a fire in the same manner as described in paragraph (a).

C. On September 30, 2019, at around 02:11, the Defendant run away with the above Orala in the same manner as described in paragraph (a).

Accordingly, the defendant caused public danger by setting fire to the victim's property by setting fire more than three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of CD-related Acts and subordinate statutes

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes committed on September 30, 2019 with heavy penalty)

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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 punishment by law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 to 3 (Determination of a type) fire-fighting (general fire-fighting) [Article 3] General Criteria for Fire-Fighting of General Goods (Special Convicts): In cases where punishment is not granted or considerable damage is recovered;