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(영문) 전주지방법원 2020.06.11 2020고합47
일반자동차방화
Text

A defendant shall be punished by imprisonment for one year.

except that 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, who is driving a dump truck truck truck truck truck truck truck driver, had the victim B introduced his work and raised part of the fare with street, etc. so that it is not good for the victim to keep the vehicle of the victim.

On September 22, 2019, at around 22:15, the Defendant used D D dump truck owned by the victim B (hereinafter “instant dump truck”) and carried the dump truck using the dump, carried the dump, cut the dump glass window of the said vehicle, cut the gasoline in the said vehicle, cut the gasoline into the dump truck, cut off the dump truck by attaching it to the dump stop, and spread it to the instant dump truck. On the other hand, the Defendant destroyed the vehicle by setting the dump truck owned by the victim F, which was parked immediately adjacent to the said vehicle immediately adjacent to the dump truck.

As a result, the defendant set fire to approximately KRW 33,51,040,000 for repair expenses, and destroyed the vehicles owned by the victim B to approximately KRW 13,88,043 for repair expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, B, and H;

1. A report on the result of fire-fighting;

1. Photographs of the fire scene, on-site photographs, photographs of the emergency search and seizure site, and photographs of seized articles;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 18, 21 of the evidence list);

1. Article 166 (1) of the Criminal Act as to the facts constituting the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a general motor vehicle fire-prevention on a dump truck of this case with a heavier criminal penalty);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. Scope of recommended sentences based on the sentencing criteria: Since each general motor vehicle fire prevention crime is in the relationship of ordinary concurrent crimes, the sentencing criteria shall not apply.

3. Determination of sentence;

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