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(영문) 의정부지방법원 2019.02.14 2018고합451
일반물건방화
Text

A defendant shall be punished by imprisonment for one year.

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

At around 23:00 on November 2, 2018, the Defendant: (a) destroyed the short-term materials accumulated by the victim C to carry out a short-term construction project without any special reason, and without any special reason, caused public danger that could be moved to nearby houses by setting fire to the short-term materials accumulated by the victim C in order to carry out a short-term construction project, by attaching the Defendant’s fire to the Defendant’s Lbn 90m product of an amount equivalent to KRW 68,400, the market price of which is equivalent to KRW 79,800, an Lbn 140 meters product of an amount of KRW 148,200, which is equivalent to the market price of KRW 79,800.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of the investigative report (in calculation of the amount of damage), quotations, investigation reports (influence of photographic data, such as motion pictures), video and photographic files, CDs, and photographs of damaged articles;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

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

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The lower limit (10 months) of the range of sentencing recommended in the sentencing guidelines, which is set forth in the basic area (10 months to two years) of the category 3 (General Goods Fire Prevention) (10 months) (no special person) is lower than the lower limit of the applicable sentencing in law, so the lower limit of the applicable sentencing guidelines is set below the lower limit of the applicable sentencing in law. Accordingly, the lower limit of the applicable sentencing guidelines is set at the lower limit of the applicable sentencing in law.

3. Determination of sentence is a fire by attaching heat materials equivalent to the sum of KRW 148,200,000, which are owned by the victim C, and if there is a neighboring house, the crime liability may lead to a large fire, and the possibility of criticism is also large.

The victim did not reach an agreement with the victim and did not recover the damage.

However, the Defendant led to the confession of the instant crime and reflect in depth his mistake.

In addition, actual damage caused by the instant crime is incurred.

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