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(영문) 제주지방법원 2016.03.10 2015고합156

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2015, around 15:30 on August 31, 2015, the Defendant is dissatisfied with the tent used for packing horses at C in front of the Jeju city, and the wire ropes used for fishery not organized, and the Defendant “drabs”

"A fire was caused by wire ropes, etc., which were used in the fishery with a fire in a closed stop using a dog which was in possession."

As a result, the Defendant, by the above act, moved fire to another place or move fire to another place by wind, caused public danger such as having a fire-fighting officer called out.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Seizure records;

1. Application of statutes on site photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

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

2. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria is general standard and the mitigation area (six months to one year) (the person subject to special mitigation] is not subject to punishment, or damage equivalent to a considerable portion has been restored;

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspended execution for 2 years is a highly fire that may cause large-scale damage.

The Defendant committed the instant crime on the grounds that wire ropes, which he accumulated on the street, seem to have been dissatified.

The Defendant did not take measures to extinguish the fire after the fire.

Such circumstances are disadvantageous to the defendant.

However, all of the crimes of this case are recognized by the defendant and they are against the victim, and the victim is injured by the crime of this case.