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A defendant shall be punished by imprisonment for not more than ten 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 31, 2019, at around 04:34, the Defendant laid the outer wall of the corridor on the part of the victim C, which was located in a corridor on the first floor of the building B in the Glindong-gun, Glindong-gun, the Defendant laid the wall by attaching the hallway with a stringter.
Accordingly, the defendant destroyed another person's property and caused public danger.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. C’s statement;
1. A report on the results of field identification;
1. Application of Acts and subordinate statutes to report internal investigation (related to attachment of photographs), and each investigation report (applicable to the confirmation of the moving moving line of the suspect on the date of the case, and attaching written estimates);
1. Article 167 (1) of the Criminal Act applicable to the crime;
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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. The scope of recommendations according to the sentencing guidelines [the range of recommendations] [the scope of punishment [the category 3] ordinary goods and fire prevention [the special person] mitigated elements: In cases where punishment is not imposed or considerable damage is recovered, the area of mitigation [the scope of recommendations and recommendations] mitigated area, six months to one year;
3. Determination of sentence: Ten months of imprisonment and two years of suspended execution are serious crimes that undermine public safety and peace, and thus, the risk of serious damage to the life and property of many influences is very high.
The crime of this case is that the defendant destroyed the studio corridor outer wall by attaching fire to the bicycle in the corridor of the building. The brush is a large fire, and there was a risk of causing substantial damage to the life, body or property of the studio residents.
Considering these circumstances, the criminal liability of the defendant is not against the law.
The defendant is sentenced to a punishment for the same crime in the past.