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(영문) 의정부지방법원 2015.09.02 2015고합109
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 7, 2015, at around 03:06, the Defendant: (a) destroyed the right side part of the banner for the advertisement and caused public danger by setting fire to the bags located on the outer wall of the above store, which were installed on the outer wall of the store.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. Application of statutes on site photographs;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

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

1. Not more than six months to not more than five years of imprisonment with prison labor for a prison labor in law;

2. Type 3 (General Goods Fire Prevention) and the mitigation area (Special Sentencing: Penalty not to be imposed) and six months to one year in imprisonment on the sentencing criteria of the Supreme Court; and

3. The instant crime of setting fire to a banner installed on the exterior wall of a commercial building is not easy to commit the instant crime, considering the risk of a fire to be moved to a building;

However, it is reasonable to consider the Defendant’s age, environment, and environment as favorable to the Defendant, the following: (a) the Defendant’s mistake is recognized as a whole; (b) the Defendant committed the instant crime in a breath state under the influence of alcohol; (c) the Defendant attempted to extinguish early and did not spread to a large amount of fire; (d) the degree of damage from the instant crime is not relatively heavy; (e) the Defendant recovered damage at the investigation stage; and (e) the Defendant did not want the Defendant’s punishment by mutual consent with the victim; and (e) the Defendant did not have any criminal power except for the same criminal record and punishment by a fine once.

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