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(영문) 대전지방법원 천안지원 2018.08.16 2018고합48
일반물건방화등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:00 on January 5, 2018, the Defendant: (a) destroyed the fire-fighting of a general object by attaching fire to the urine and the urine with a arbitr in possession of the victim D in Asan City; (b) the newspaper that had been fluent in the vicinity, on the premise that he would avoid the drilling; and (c) caused the public danger that could be transferred to toilets, etc., by attaching fire to the urine and the arbitr in possession of the arbitr.

2. Around 02:00 on January 9, 2018, the Defendant, who was charged with the crime of fire-fighting of his general goods, destroyed the abolition by putting the marbling in the front of the said restaurant with a string, which was in possession of the marb in the front of the restaurant, and caused public danger that could be transferred to the toilet, etc., by putting the marb in the front of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Application of the statutes governing field photographs, site photographs, and CCTV images;

1. Relevant legal provisions and the imposition of fire to a general object selected for the crime: Fire prevention of a general object charged under Article 167 (1) of the Criminal Act: Article 167 (2) and (1) of the Criminal Act, Article 167 (1) of the Criminal Act, and Article 167 (2) and (11) of the

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed in the crime of fire-prevention of general goods with heavy penalty);

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from June;

2. Application of the sentencing criteria;

(a) In a case where the punishment of types 3 (Setting Fire to General Goods) (in a case where a person subject to special sentencing) is not punished or considerable damage was restored to a certain part of the general criteria for the crime of setting fire to general goods (the determination of the recommended area and the scope of the recommended punishment), the mitigated area, six months to one year;

(b) the sentencing criteria for the crime of fire-prevention of the general goods charged are not set.

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