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(영문) 서울서부지방법원 2015.01.23 2014고합351
일반물건방화
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 9, 2014, at around 00:15, the Defendant: (a) destroyed the public danger by setting fire to the unclaimed things in the market at a high price, such as the open square, external materials, etc., by attaching a string to the wooden materials, etc. on the bottom of a small reading center managed by the Seoul Western Road Business Office, which is located in Jung-gu Seoul, Jung-gu, Seoul, and at the bottom of the road; and (b) water meters, etc., installed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Article 167 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. One year to ten years from the imprisonment with prison labor for a prison labor;

2. The scope of the recommended sentence [the scope of the recommended sentence] the general standard and the basic area (10 to 2 years) (10 to 2 years) of the category 3 (General Goods Fire Prevention).

3. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, probation, community service, and the instant crime for 120 hours is under the highest level that the passage of vehicles is frequent at night, and there was a risk that multiple victims may occur or substantial damage may occur due to the Defendant’s crime, and that the Defendant did not endeavor to recover damage, etc. is disadvantageous to the Defendant.

However, the actual damage is a relatively minor level, such as the extinguishment of a fire immediately after the crime and the occurrence of a fire on the wall of the school, which is a relatively insignificant level, such as the fact that the external appearance of the school is partially destroyed and that the external appearance of the school is given to the wall of the school, that the defendant led to the confession and seriously against the defendant, that the defendant committed a contingent crime, that there is no same power and there is no record of punishment since 1975, that the defendant would not commit a crime in the future, and that the defendant's age, character, behavior, environment, etc. shall

It is so decided as per Disposition for the above reasons.

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