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(영문) 수원지방법원 2018.05.31 2018고합147
일반물건방화
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 20, 2018, at around 21:55, the Defendant: (a) destroyed the above banner by attaching it to a log in possession of a banner for public relations of the car page equivalent to KRW 35,000 at the market price set up by the victim E on the rail of the car page at the place where it is located.

Accordingly, the defendant destroyed another person's property and caused public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written estimate;

1. Application of the Acts and subordinate statutes concerning internal investigation reports (suspects, etc. stated by the victim), copies of the report on the occurrence of violence, field photographs, photographs of damaged articles, surrounding the site photographs, pages where a suspect commits a crime, investigation reports (CCTV investigation), and CCTV video images;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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 punishment according to the sentencing guidelines: Where the actual damage is insignificant, the penalty is not imposed, or damage equivalent thereto is recovered, where the actual damage is minor, in the area of special mitigation (three months to one year), three months to one year (the scope of the recommended punishment).

3. Determination of sentence: Imprisonment with prison labor for 8 months, and suspended execution for 2 years, the crime of this case was committed by the defendant against the victim under the influence of alcohol by attaching fire to a banner for public relations campaigns installed on the rail of a car page by the above victim, and thus, the crime of this case is less likely to cause severe damage to other person's body or property in light of the nature of the crime.

In addition, there is also little possibility of criticism.

shall not be deemed to exist.

However, the defendant recognized the crime of this case and reflected it.

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