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(영문) 수원지방법원 안산지원 2015.07.10 2015고합50
일반자동차방화
Text

1. The sentence shall be suspended against the defendant;

2. One confiscated r shall be confiscated;

Reasons

Punishment of the crime

On December 9, 2014, around 01:30 on 01:0 on 01:30 on luminous, the Defendant: (a) attached a son, who was in possession of the left part of the FObbane owned by E, and had approximately KRW 70,000 on her repair cost to move.

Accordingly, the defendant destroyed the object by setting fire, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

2. E statements;

3. Police seizure records;

4. Videos of closed-circuit television (CCTV) recorded in the compact disc.

5. Receipts:

6. Application of Acts and subordinate statutes to a report on investigation by the prosecution (in-depth guidance, etc.);

1. In the indictment of Article 167 (1) of the Criminal Code of the corresponding criminal facts, the general automobile fire prevention crime under Article 166 (1) of the Criminal Code is established on the premise that the above error constitutes an automobile. However, in light of the fact that Article 331-2 of the same Act separates an automobile and a motor bicycle, it seems that it constitutes an automobile under Article 166 (1) of the same Act, not an automobile under Article 166 (1) of the same Act, rather than an automobile under Article 167 (1) of the same Act.

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 59 (1) of the Criminal Act (limited to a suspended sentence: Imprisonment with prison labor for eight months);

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

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than five years;

2. Scope of the recommended sentencing criteria; and

(a) Determinations of types: Fire-Fighting Crime Group - General Criteria - Type 3 (General Goods Fire-Fighting);

(b) Special supporters: In cases where actual damage is minor, the court shall not grant punishment;

(c) Scope of recommending punishment: Imprisonment with prison labor for three months to one year (the lowest limit of sentencing shall be mitigated by 1/2 because there exist two or more special mitigations).

(d) Scope of recommended sentences revised according to the range of applicable sentences: Six months to one year (based on the lowest limit of sentencing range of applicable sentences); and

3. The decision of sentence shall contain the accused.

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