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(영문) 대전지방법원 2015.11.13 2015고합248
일반물건방화
Text

A defendant shall be punished by imprisonment for six 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

On March 26, 2015, the Defendant: (a) around 21:39 around 21:39, at the 4-distance intersection at the rural community guidance center near the Daejeon Pungdong 15-ro, the Defendant: (b) posted a “D” advertisement banner owned by the victim C, which was in front of the standard traffic signal control apparatus of the National Police Agency of the intersection, destroyed a banner of KRW 50,000,000 in the market value by attaching it to the stop, and caused it to spread to the above traffic signal control apparatus adjacent to that.

In addition, the defendant destroyed the general goods by setting fire on a total of six occasions in the same manner as the attached list of crimes on the same day, and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A written statement;

1. Investigation reports (victims' confirmation, etc.);

1. Seizure records;

1. Application of statutes on site photographs;

1. Article 167 (1) of the Criminal Act concerning the crime concerned;

2. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment provided for in Article 1 of the List of Crimes, which is the most severe offense).

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Where the actual damage is insignificant in the mitigation area (six months to one year) (special mitigation) (special mitigation) of types No. 3 (Setting Fire to General Goods) and the general standard for the crime of Setting fire to General Goods;

B. The scope of final sentence due to the aggravation of multiple crimes: The scope of sentence shall be determined by adding up 1/2 of the upper limit of the sentence range of the second crime to 1/3 of the upper limit of the sentence range of the third crime from June to October.

2. Although the sentencing decision is not good in light of the risk of the instant crime, the fact that the Defendant recognized the instant crime and reflected it, and the actual occurrence occurred.

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