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(영문) 부산지방법원 2018.04.20 2017고합647

일반물건방화

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Criminal facts

On July 21, 2017, at around 23:10 on July 21, 2017, the Defendant: (a) collected mails and garbage from the apartment of the apartment living in Busan Dong-gu, without any reason, and destroyed the said mails and garbage by attaching them thereto; (b) destroyed a part of the string trees owned by E, which were planted in that place; and (c) extended to the window and outer wall of E’s string until the string F of E, by the string of the string.

Accordingly, the defendant destroyed the object by setting fire, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on issuance;

1. Reports on internal investigation (in the vicinity of the scene, attaching photographs of the CCTV images taken by the suspect, and attaching photographs to the victim's flag, internal residence to the other son of the suspect), and accompanying documents;

1. Each investigation report (in addition to field photographs, a copy of a letter that is a flagrant offender, etc., investigation into attachment of CCTV images, and attachment of CCTV images), and data to be attached;

1. Application of Acts and subordinate statutes to copies of a fire scene photograph, a photograph of mail taken by the victim at the scene of fire, a fire-related scene, and a flagrant offender;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act to order observation and observation;

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] in the event that actual damage is minor, the scope of the recommended punishment [the scope of the recommended punishment] in the category 3 (Setting Fire Prevention of General Goods) [the person subject to special sentencing] shall be mitigated by up to 1/2 of the minimum limit of the sentenced punishment recommended in the sentencing guidelines when at least two persons exist in the area of mitigation or special mitigation, and the minimum limit of the sentenced punishment shall be set by law).

3. Determination of sentence: