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(영문) 수원지방법원 2016.04.05 2016고합35

일반물건방화등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

As the Defendant was unable to receive benefits while serving as a staff member of D operated by the victim C, he was in mind of burning the machinery owned by the said victim. On January 16, 2016, around 19:28, the D factory located in C in C in C in C in C in C in C in C in C in C in harmony with picture and chemical agents located in C in C in C in C in C in C in C in C in a manner, and was put into B in C in a luc Kim-type sealed box, C in CNC complex, machine learning box, string, rring, rring, racker string, racker, and racker string of the said machinery.

As a result, the Defendant destroyed each of the following parts: (a) the victim’s market price of KRW 40,000,000,000,000 for 35,000,000,000,000 won for 1,64,270,000 won for cNC combined machines; and (b) the market price of KRW 97,00,000 for 35,00,000,000 for 35,000,000,000 won for 35,000,000,000 won for 35,000,000 won for 3,00,000,000 won for c

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each police investigation report (in relation to the analysis of on-site CCTV images, including data attached to a victim's statement and submission of a contract for damage) (in relation to the details of damage, damage therefrom);

1. Contracts and estimates;

1. Application of on-site CCTV CDs and on-site photographs-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 167 (1) of the Criminal Act (the prevention of fire to general goods) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes];

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. One year to 13 years, imprisonment with prison labor within the applicable range;

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

(a)basic crimes: