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(영문) 대전지방법원 천안지원 2019.05.01 2018고합239
일반자동차방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

As a driver of a tourist bus, the Defendant entered into an entry contract with the victim B Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”) who is a transportation agent, and entered C tourist bus into the victim Co., Ltd.

The defendant, the president of the victim company, stated that D, "the defendant has a duty to adjust with B such as oil expenses, there is a concern that the bond business operator might dispose of the tourist bus due to the defendant's bonds, and there is a danger of strokeing driving due to the fact that the defendant strokes, which was the president of the victim company, operated the above tourist bus and removed the number plate at night."

On September 23, 2018, at around 22:35, the Defendant: (a) entered a F2 factory behind Dong-gu, Seoul Metropolitan City, into a C tourist bus owned by the victim company located in Dong-gu, Seoul Metropolitan City, and destroyed the above tourist bus by setting fire to cover repair costs equivalent to KRW 104,198,80,00, by setting fire into the C tourist bus owned by the victim company located in the front seat of the day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Inquiry into the enemy;

1. A fire site survey report and a written estimate;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Class 2 (Setting-off of Types) and (Setting-up of General Criteria for Fire-Fighting and Fire-Fighting Crimes according to the sentencing criteria: In the event that there are grounds for special consideration in the commission of a crime or motive for a crime, the amount of punishment shall be reduced or the amount of damage shall be reduced.

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