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(영문) 울산지방법원 2017.11.24 2017고합232
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 15, 2017, the Defendant: (a) discovered in the middle-gu, Ulsan-gu, Ulsan-gu; (b) around 03:55, that, while returning home under the influence of alcohol, the Defendant was fluored by the victim D, who was in front of a house, and was in front of a house, and caused public danger by setting fire with a stringter owned by a contingent crost, which was in possession of the above species of a 8,000 won by attaching a fire to the above species of a string.

The Defendant found out about 150 meters away from a 150-meter away from a road to a victim E-owned by the victim E that the place of a strike, such as a paper stuff, was destroyed by a fire in the same way, and then destroyed the fire to cause public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Filing reports, respective internal reports, investigation reports, and application of statutes governing field photographs;

1. Article 167 (1) of the Criminal Act concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes against general goods owned by E, of heavy circumstances)

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant asserts to the effect that the Defendant and the defense counsel’s assertion on the protection observation and the main text of Article 62-2(1) and (2) of the Criminal Act were in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the crime against the goods owned by the victim E

However, according to the evidence duly adopted and examined by this court, the defendant is recognized as having drinking to a certain extent at the time of the crime, but on the other hand, the circumstances leading to the crime, the means and method of the crime, the defendant's behavior before and after the crime, the circumstances after the crime, especially the defendant.

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