logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.11.08 2018고합217
일반물건방화
Text

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

At around 04:50 on July 12, 2018, the Defendant: (a) discovered two food removal boxes of plastics installed in E and plastic materials managed by the victim E in charge of the competent public official; and (b) destroyed each of the above collection boxes by setting fire to a garbage bag located next to the collection without any particular reason by using a dog in advance and attaching fire to each of the above collection boxes.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on occurrence;

1. On-site photographs;

1. Application of CCTV image photograph Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of the recommended punishment on the sentencing criteria: [The types of decisions] Class 3 (Setting Fire Prevention of General Goods) (person with special mitigation], the area of mitigation [the scope of the recommended punishment, the scope of the recommended punishment], the area of mitigation, six months to one year.

3. The crime of this case, which is determined to be sentenced, was destroyed by setting fire when collecting food installed on the roads travelling to the public. The crime of this case, such as this case, is a crime detrimental to the public safety and peace, and is not easy in that it may cause serious harm to an unspecified number of citizens' lives and property.

However, the defendant shows his attitude to recognize and reflect the crime of this case.

Multi-levelly, the rapid extinguishment of the fire, which did not cause more severe damage, and all property damage were repaid.

There is no history of punishment for the same crime, and social ties are relatively clear.

In addition, the defendant's age, sex, environment, and this case.

arrow