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(영문) 서울동부지방법원 2013.04.18 2013고단451
자기소유일반물건방화
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who is living in the stadium for the sericultural comprehensive playground in Songpa-dong 10, Songpa-gu, Seoul.

On February 25, 2013, the Defendant: (a) around 19:04, on the ground that it was difficult for the Defendant to live under the influence of alcohol in front of the stadium 1-3 main stadium No. 10, Songpa-gu 10-dong, Songpa-gu, the Defendant caused a public danger that could be moved to the sericultural comprehensive playground, which is a public structure, by attaching fire to the paper string, fluor, brug, and portable butane gas, etc., owned by the Defendant, using a disposable gas string to fire in front of the 1-3 main stadium.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each prosecutorial statement concerning C and D;

1. C’s statement;

1. Application of field photographs, investigation reports (in relation to the attachment of CCTV image data installed at the location where such data is generated to USB), investigation reports (in relation to attachment of estimates for damage), CCTV video CDs-related Acts and subordinate statutes;

1. Article 167 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Articles 167 (2) and (1) of the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 62-2(1) of the Criminal Code of the Probation and Social Service Order is a crime that causes serious social danger since the defendant can cause serious damage to the life and property of a deceased person as a result of setting fire to his own goods and setting fire to him, which is a public building.

However, the structure installed at the fire prevention point is a concrete structure composed of incombustible materials, and only 22,317 won is required in the color, and actual damage has not occurred, there is no power to commit the same kind of crime. The defendant recognized the crime of this case and divided his mistake, and the records are recorded, such as the age, character, character, environment, family relationship, occupation, etc. of the defendant.

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