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(영문) 대전지방법원 천안지원 2013.07.03 2013고합89

일반물건방화

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2013, at around 09:00, the Defendant put a fire into a d owner of the victim D, which was located in the corridor, at the 3rd floor of the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu. However, at around 09:0, the Defendant put the fire into a d owner of the victim D.

Accordingly, the defendant destroyed another person's property by setting fire, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D and E;

1. Each report on the inspection of occurrence of the case and each report on the investigation;

1. Application of video Acts and subordinate statutes to the site photographs

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is a fire-prevention crime that puts a fire to another person's new hair, rain, etc., where the next people were living in the televersing area, on the grounds that the defendant's living in the televersing area is slick, and thus, in light of the place of the crime and the material quality of the burner, there is a possibility that not only the other person's property, but also the other person's life and body may be dangerous. Thus, the defendant's criminal liability is not somewhat weak.

However, it seems that the defendant had an intention to prevent the building itself beyond the victim's intention to remove the victim's goods in his corridor because the defendant was living in the public notice room at the time of committing the crime, and the defendant was punished by committing any crime prior to committing the crime of this case. The defendant was punished for committing the crime of this case by committing the crime of this case.