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(영문) 서울남부지방법원 2016.03.24 2016고합2

일반물건방화

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 September 27, 2015, the Defendant, at around 23:30 on September 27, 2015, put on a banner “E”, the market price of which is equivalent to KRW 100,000,00, which was installed by D for public relations purposes, under the influence of alcohol in front of the Gutel in Gangseo-gu Seoul Metropolitan Government

In the vicinity of the banner, the fire was likely to be moved to the fire team and the car if there was a fire on the road.

As above, the Defendant destroyed D’s banner and caused public danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. One copy of the video recording time frame (CCTV);

1. Application of Acts and subordinate statutes on the report of investigation;

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. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. According to the records as to whether the Defendant was physically and mentally deprived, it is recognized that the Defendant was drunk at the time of committing the instant crime.

However, in full view of the following facts and circumstances acknowledged by the video recorded in Section 1 at the video recording time of the situation observation (CCTV) the Defendant was in a state of mental and physical loss.

shall not be deemed to exist.

① The Defendant, while leaving a convenience store and leaving a banner, was an apartment of G apartment, one’s own wife, and the Defendant’s walked was normal without any distance.

② The Defendant: (a) saw that he saw a banner by using a dog, saw several blags, and saw a banner which emblings after ringing the banner.

The defendant confirmed that the banner is cut off, and continued to go up.

③ Until the Defendant get off and get off an elevator of G apartment, the Defendant only expected several elevator walls, but did not seem to have any particular behavior.

2. The defendant shall have intention to prevent fire.