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(영문) 전주지방법원 2014.07.24 2014고합79

일반자동차방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2014, the Defendant: (a) around 03:44 on January 29, 2014, the victim E residing in the vicinity of the Dabudio in the Dabudio in which the Defendant himself resides in the YL125 Oba in the parking lot located in the Dobudio in the Yan-gu Seoul Metropolitan City, had a complaint against the parking of FSL125 Oba in the parking lot, attached a one-time Lba, which was brought from his home, and had the Oba in the flus in the f

Accordingly, the Defendant destroyed the above 1,00,000 won of the market price owned by the victim by setting fire as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes of photograph (9 pages of investigation record), each photograph (26 pages of investigation record), photograph (54 pages of investigation record);

1. Article 166 (1) of the Criminal Act applicable to the facts constituting 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. Article 62 (1) of the Criminal Act (recognition of favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommending punishment according to the sentencing guidelines (decision of a type), group of fire-fighting crimes, general standards, and type 2 (Setting fire to general buildings, etc.): Reduction factors that have no increased element: Reduction factors of punishment (the scope of recommending punishment): Imprisonment with prison labor for a year to 2 years.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case committed by the defendant for a period of three years under a suspended sentence shall not be deemed to be that the crime of this case was fired with a fire on the studio parking lot, and the nature of the crime shall not be deemed to be light.

However, in consideration of the fact that the defendant repents and reflects his mistake, that the victim does not want the punishment of the defendant, that the defendant does not have the same ability to punish the defendant, all the sentencing conditions and the circumstances provided in Article 51 of the Criminal Act, the punishment shall be determined within the scope of the sentencing guidelines.