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(영문) 광주지방법원 목포지원 2016.10.27 2016고합75

공용건조물방화

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

In around 199, the Defendant: (a) opened to the public while owning and managing the new Gun in his residence; and (b) did not receive compensation in the process of creating C’s living; (c) recently, as a preparation for the commemorative event for the 7th anniversary of the 1999 Seo-gu Seoul Island, he thought that he did not pay for the above birth price by contingency on the ground that noise occurs in the surrounding areas.

On August 18, 2016, at around 06:00, the Defendant applied the end of the eavesst (10cm, 20cm in length) by attaching fire to the rice straw made of plastic materials at the end of the wife, following the vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vege vege vege vege

Accordingly, the defendant set fire to and damaged a structure that is used for public use.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report (Submission of a new draft military force office and submission of reference materials);

1. Protocol of seizure and photographs of seized articles;

1. On-site reports and reports on results of on-site identification in fire accidents;

1. Application of each statute on photographs;

1. Article 165 of the Criminal Act applicable to the crimes and Article 165 of the Election of Imprisonment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [Determination of types] general standards, fire prevention (type 1), such as public buildings, etc. (type 1): In cases where punishment is not granted or considerable damage has been recovered (the scope of recommending punishment], one year and six months from June to three years from imprisonment.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and with respect to the crime of this case for a period of three years under a suspended execution, the crime of this case was destroyed by setting fire to C, which is a public structure, with a one-time throwter fire;