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(영문) 서울중앙지방법원 2013.12.13 2013고합1163

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 became final and conclusive.

Reasons

Punishment of the crime

At around 07:40 on October 15, 2013, the Defendant: (a) was a person who was engaged in daily work in a 122 Seoul Southern-dong 2, and was engaged in daily work. On October 15, 2013, the Defendant discovered that one’s bank left the front line while drinking alcohol in the said Seoul Southern-dong 2, which was found on the front line; (b) was in possession of a newspaper that was located in the victim’s bicycle and clothes owned by the victim C and left the front line; and (c) attached a rater with a son who was in possession of a newspaper that was laid on the front line; and (d) laid the front line on the front line of the bicycle and clothes; and (e) laid the front line on the front line of the bicycle and clothes; and (e) laid the front line on the part of the bicycle and clothes.

Accordingly, the defendant destroyed the above bicycle and clothes equivalent to KRW 90,00 of the market price owned by the victim and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Report on investigation (the body of a suspect and photographs of the scene of the crime);

1. Application of Acts and subordinate statutes on scene of crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences under law: Imprisonment for not less than six months nor more than five years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Determination of types - General Criteria for Fire Prevention Offenses, Fire Prevention (Type 3)

(b)Special Sentencing - Where actual damage is minor (requirements of mitigation).

(c)Scope of recommendations - Imprisonment with prison labor for not less than 6 months or for not less than 1 year (reduction areas);

3. The sentence of fire-fighting is highly likely to cause high damage to human life or property by setting fire as soon as possible, and the nature of the crime is heavy.

In this case, the responsibility for the crime is important and the damage is not recovered in that the defendant did not participate in the realization on his own and caused damage.