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(영문) 대구지방법원 2020.11.27 2020고합412

일반자동차방화

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On September 4, 2020, the Defendant was sentenced to two years of imprisonment with prison labor for general buildings and fire prevention at the Daegu District Court on September 4, 202, and the judgment became final and conclusive on September 12, 2020.

【Criminal Facts】

Around 03:17 May 17, 2020, the Defendant: (a) removed from the factory at Ansan-si B, Anyang-si, Anyang-si; (b) removed the transit from the ready-mixed located at the factory, which was located at the factory, to put it in plastic box; and (c) destroyed the said ready-mixed with the victim F owned by the victim, who was parked adjacent to the said ready-mixed, by putting it away from the ready-mixed located at the port located at the factory, and putting it in a plastic box at the cost of KRW 120,000,000,000,000 at the market price of the victim’s D; and (d) destroyed the 40,000,000,000,000 won in total, such as the victim’s ready-mixed owned by the victim’s H; and (e) ready-mixed owned by the victim’s J.

Summary of Evidence

1. The police statement of the defendant as to the defendant's legal statement D, the report on the occurrence of each statement of J, F, and H, the on-site photograph, the report on the occurrence of a fire incident, and the investigation report on CCTV images inside C (hereinafter referred to as "C") by the suspect - the scene of the crime, the scene of fire, etc.

1. Previous convictions in judgment: References to criminal records, indictments, judgments, and criminal investigation reports (verification of whether judgment on a suspect's case becomes final and conclusive) shall apply;

1. The scope of applicable sentencing for concurrent crimes under the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act that treats concurrent crimes under Article 166(1) of the same Act: The scope of applicable sentencing for sentencing based on the sentencing guidelines for two to thirty years under the latter part of Article 37 of the Criminal Act is concurrent crimes: As such, the sentencing guidelines are not applicable, but should be taken into consideration for reference.

[Determination of Punishment] The general criteria for the crime of fire prevention [Type 2] No person who has no fire prevention [special person] such as general buildings [the scope of recommending area and recommending punishment] basic area, imprisonment with prison labor for one year and six months to three years: The crime of this case in two years is serious in that the defendant did not receive a refund of deposit from the victim D, and the crime of this case is ready to ready-mixed.