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(영문) 인천지방법원 2020.05.14 2020고합106
일반물건방화
Text

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 January 22, 2020, at the parking lot of the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu B building on January 10, 2020, the Defendant complained against waste, sewage pipes, etc. by attaching waste, waste pipe, etc., which was he accumulated at the place, to the chair, west, timber pipe, etc., on the ground that waste, which was dumped in the vicinity of the house, is not caused by the competent Gu office.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation and investigation reports (prestigious investigation at the scene of damage);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing photographs and site photographs;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general criteria [Type 3] there is no general goods or fire prevention [the scope of recommendations and recommendations] [the scope of recommendations] basic area, the imprisonment with labor for up to 10 months [the general person] and no one [the grounds for suspension of execution] - The grounds for suspension of execution of sentence or heavier punishment

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended sentence, where the defendant is in a place where he is in a fire, the defendant's criminal liability is not less than that of the defendant in that there was a risk of causing serious loss of human life and property damage if he / she turns out to a large fire due to the lending parking lot where people live;

However, the Defendant appears to have caused the instant crime in contingency while being under mental stress due to wastes neglected before his house, and the Defendant recognized the instant crime and reflects it, and the Defendant did not have the same criminal record.

The defendant's age and age in the same circumstances as above.

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