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(영문) 울산지방법원 2021.01.15 2020고합355
일반건조물방화등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 15, 2020, at around 01:20, the Defendant infringed on a structure, the office entrance of the victim C, which was located in Ulsan-gu, Ulsan-gu, Seoul-gu, had been opened in several times, and entered into the said office entrance. The general building fire prevention Defendant, who was in possession of the date and time set forth in paragraph (1) and at the same place, had him move to the chair and clothing that was in that place.

Accordingly, the defendant destroyed the building D which is a general building.

Summary of Evidence

1. Statement by the defendant in court;

1. A summary statement of C and E;

1. A protocol of seizure and a list of seizure;

1. The application of Acts and subordinate statutes to the investigation report on photographs at the scene of damage (to listen to the G phone statement by staff members of shot F), investigation report (to listen to shot E), investigation report (to append this single fire-fighting gas camera photograph), investigation report (to append this fire-fighting single-use photograph), and to the seized objects photograph

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of a structure intrusion, the choice of imprisonment), and Article 166 (1) of the Criminal Act (the occupation of a general building or a fire prevention) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of two crimes prescribed for the crime of arson of a general structure with heavy punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of punishment by law: Imprisonment with prison labor for a period from one year to six years;

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

(a) Class 1 crime (general building fire prevention) [Determination of type] [Attachment 2] general criteria] - Special factors of fire prevention (special sentencing factors] such as general buildings, etc. - Where actual damage is minor, where punishment is not imposed or considerable damage is recovered (the territory of recommendation and recommendation range] special mitigation area, six months to two years [no person subject to general sentencing]

(b) Second offense (Intrusion into buildings): The sentencing criteria are not set;

(c) multiple crimes;

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