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(영문) 부산지방법원 2016.03.18 2015고합791
일반물건방화
Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

The Defendant, a neighbored victim B of the instant indictment, is deemed to be a clerical error in both the two parts and four parts of the two sides under one side of the indictment.

It is not good between the two, so that there is a complaint, such as the abolition of the invasion, the victim was found to have a urier owned by the victim, and there was a sense to prevent this.

On September 15, 2015, the Defendant, at around 11:00, set a fire to the Defendant’s house capital in front of the Defendant’s house capital located in Busan Western-gu, and to the Plaintiff’s house capital and the abolition of the Defendant’s house capital.

Accordingly, the defendant destroyed the abolition of the amount equivalent to 300,000 won of the market price of the victim, and 7,000 won of the market price, thereby causing public danger.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against B;

1. Police seizure records and list of seizure;

1. Application of the Police Investigation Report (including the attachment of statutes);

1. Article 167 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”), which is favorable to the defendant, shall be considered as follows.

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the general criteria for fire-fighting crimes] that there are no three types (the scope of the recommended punishment) [the person subject to special sentencing] [the scope of the recommended sentence] [the scope of the sentence] imprisonment from 10 months to 2 years [the basic area] - There are no major reasons for the suspension of execution:

3. Determination of sentence: Imprisonment with prison labor for not less than two years, community service and 120 hours, and the crime of this case of confiscation shall be deemed to have set fire to the extent that the defendant set fire to the extent that he was destroyed by setting fire to the abolition located in the sea area owned by the victim;

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