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(영문) 의정부지방법원 2017.07.13 2017고합222
일반건조물방화
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Two seized Rabs (No. 1) shall be confiscated.

Reasons

Punishment of the crime

From the beginning of July 2015, the Defendant is a person who served as an employee in the “E”, a factory for the operation of the Victim D, which is located in Yangju-si.

On April 2017, the Defendant, as a result of the aggravation of the operation of the above factory, dismissed all employees of the victim D and practically closed down the business, was dissatisfied with the victim D’s understanding about the fact that the Defendant was dismissed while continuing to do so at the container accommodation located in the above factory site due to the aggravation of the operation of the above factory.

At around 01:10 on May 29, 2017, the Defendant: (a) destroyed a factory building of 220,000,000 won at the market price owned by the victim F, the lessor of the above factory building, which is the lessor of the foregoing factory building, by putting a fire into one bruma cremation site using a bruter (Evidence No. 1) in front of the above factory container accommodation; and (b) destroyed an object, such as a building of 672,60,000,000, which is equivalent to 4,60,000 won at the market price owned by the victim D, so that the amount of damage, such as destroying a container building for lodging use of 672,60,000,000 won, is equal to 672,60,000,000 won.

Accordingly, the defendant destroyed the general structure owned by the victims by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A situation report, a report on occurrence of a situation, a criminal investigation report, a report on the results of field identification, and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to each on-site photograph, on-site map, lease contract, list of damage, and disbursement statement;

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

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

1. Scope of applicable sentences under law: Two years to thirty years; or

2. The basic area (one year and six months to three years) of the sentencing criteria (the scope of the recommended punishment) and the basic area (the prevention of general buildings, etc.) of the two types.

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months;

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