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(영문) 대전지방법원 2017.06.15 2016고합274
일반물건방화등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 12, 2016, the Defendant: (a) opened plastic lids around the water pipes and water supply measuring instruments owned by the victim D in front of the Daejeon Daejeon-dong Daejeon-gu Daejeon-gu Daejeon-gu, Daejeon-gu, Seoul-gu, and put them into newspapers.

As a result, the Defendant destroyed the water meter buried in front of the commercial building and caused the situation where the flames can be moved to the surrounding area, thereby causing public danger.

On October 11, 2016, the Defendant discovered that he was divingd from the victim Friter Cargo on the front of the Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, on October 23:50, 2016, and opened the front door door door door of the said cargo vehicle and stolen the said cargo vehicle with a smartphone of the amount of KRW 700,000,000 in the market price owned by the victim.

Summary of Evidence

"2016 Gohap 274"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a fire;

1. A report on internal investigation:

1. A report on investigation and an investigation (specific suspect);

1. All documents pertaining to resident registration;

1. Photographs of the victim and the site photograph of the occurrence of the case;

1. CCTV video CD at the time of the incident "2017 Gohap 53;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (the details, etc. of recovery of damaged articles);

1. Application of Acts and subordinate statutes to photograph recovered articles;

1. Relevant legal provisions of the Criminal Act, Article 167(1) of the Criminal Act (the prevention of fire to general goods) and Article 329 of the Criminal Act (the purpose of Section 1 and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crime of arson of general goods heavier than the punishment);

1. Grounds for sentencing under Articles 53 and 55(1)3 ( considered favorable circumstances among the following grounds for sentencing) of the Criminal Act to mitigate small amount;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. Scope of the recommended sentences according to the sentencing criteria;

A. The general crime of fire-prevention of general goods (an offense No. 1) (the scope of recommending punishment) is a case where actual damage is insignificant in the mitigation area (six months to one year), the mitigation area (a person with special mitigation) (a person with special mitigation).

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