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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 29, 2015, around 11:20, the Defendant: (a) destroyed the public danger by setting the waste in a separate collection box by attaching fire to the paper of the “D Care Center” in the Dasan-si, Dasan-si, by the method of throwing the paper into the separate collection box by attaching fire to the paper of the “Dental Care Center” in the separate collection box; and (b) burning the waste in that place, the separate collection site, the sand position panel, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A criminal investigation report, investigation report (a suspect's specific description), investigation report (related to the screen of theCCTV and the accompanying of video CDs), photographs, investigation report (related to damaged materials, such as the size of a panel on a tent), photographs, criminal investigation report (related to the attachment of photographs of the suspect reporter), photographs, criminal investigation report (attached to on-site photographs), investigation report (attached to a written estimate), and written estimate;
1. Application of Acts and subordinate statutes, such as site and CCTV;
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 (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
1. Grounds for sentencing under Article 62 (1) of the Criminal Act (recognisive circumstances among the following grounds for sentencing) of the suspended sentence;
1. The scope of punishment: Imprisonment with prison labor for not less than six months nor more than five years;
2. Scope of recommended sentences according to the sentencing guidelines [the types of decisions] fire-fighting crimes, general standards, and Type 3 (Setting Fire-Fighting of General Goods): Where actual damage is minor (the scope of recommended sentences): Six months to one year.
3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years; the Defendant committed the instant crime in this case by setting fire to a separate collection box in a medical care center by attaching fire to the paper in a separate collection box; and the crime of fire prevention may cause serious damage to the life and property of a person who was born to a large fire, and thus, it seems that the Defendant could not harm the victims.