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(영문) 대구지방법원 포항지원 2015.06.29 2015고합53
일반자동차방화
Text

A defendant shall be punished by imprisonment for one year.

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 May 8, 2015, the Defendant got married to the victim C (V, 46 years of age) and May 20, 1993, and was living together with the victim. On May 8, 2015, the Daegu Family Court Branch branch issued an order of prohibition of access to the victim's residence and place of work to the victim.

On May 31, 2015, the Defendant: (a) around 00:08, at the Defendant’s residence located in Nam-gu, Nam-gu, Mapo-si, and (b) around the port of port where 500ml of 500 meters mn of gasoline in plastics and the victim work in front of the F K-gu, north-gu, the Defendant: (c) posted the heart created by cremation to the said raw disease; and (d) put the said bottle into the front gate of the victim’s G-learning car parked in the above place; and (e) put the said bottle into the front gate of the said G-learning car; and (e) put the influor into the

Accordingly, the defendant, who is the victim's property, destroyed the vehicle with the amount of 12,90,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Results of fire-prevention field identification;

1. Requests for appraisal;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Persons who are not subject to the punishment in the area of mitigation (one year to two years for imprisonment) (special mitigation) of the sentencing criteria [the scope of recommending punishment] general standards.

3. The crime of fire-fighting is a crime that may impair public safety and peace and cause serious harm to the lives and property of many citizens. The fire-fighting cars are parked immediately adjacent to the commercial facility where the external mashing of wood is finished, and thus, the crime of this case is not somewhat weak, but they are led to the confession of the fact of the crime by the defendant.

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