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(영문) 서울동부지방법원 2017.11.16 2017고합287

일반물건방화

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 10:00 on July 23, 2017, the Defendant leased and resided in Gangdong-gu Seoul Metropolitan Government B from the victim C.

In the inside room of 102, the male-friendly gu and the fire-fighting gu and the portable rater were attached to the stop, and the fire-fighting part of the plate owned by the victim was destroyed by putting the fluor down with the fluor with the fluor with the fluor attached a fire at the floor.

Accordingly, the defendant destroyed another person's property and caused public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Investigation report (the relative investigation who is a house owner and the relative investigation of fire fighters dispatched to the scene);

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. The scope of the recommended punishment on the sentencing criteria [the types of punishment [the determination of the recommended punishment] shall be limited to the range of the recommended punishment [the general criteria for the prevention of general goods] and the factors for mitigation: In the event that actual damage is minor, the court below's decision on the scope of punishment [the scope of the recommended punishment] shall be sentenced to three months to one year.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

A. Unfavorable circumstances, the crime of this case committed by the Defendant, who resides in a multi-household, is a highly dangerous crime that may cause substantial damage to the life, body, and property of many people if it is moved to another article or building.

B. Recognizing the favorable normal crime of this case, the Defendant, while drunking with the male-friendly body, caused a large amount of postponement by attaching a dogb to the male-friendly body at the same time, and there was a conclusive intention to extinguish the object.