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(영문) 광주지방법원 2017.06.30 2017고합183
일반물건방화
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who has weak ability to discern things or make decisions due to his own illness and collision adjustment disorder.

From around 03:10 to 03:30 on May 2, 2017, the Defendant: (a) destroyed the instant white tree by attaching a bruter, which was in possession of waste fluor at the entrance of the vessel owned by the victim D, located in Gwangju Nam-gu, by attaching it to the above white tree fluor, and (b) destroyed the said white tree by attaching a fire to the container fluor where trees owned by the victim F and booms, etc. are stored in the same Gu E; (c) destroyed the said container fluor market price of KRW 655,00 by attaching a bruter to the garbage located in the lower part of the victim I’s pharmacy located in the same Gu G, and continuously destroyed the said storage facility by attaching a bruter to the garbage located in the fluor of the victim I management of the same Gu, thereby causing danger to the public.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of I, F, and K;

1. A report on internal investigation;

1. Written estimate;

1. Points of mental and physical weakness: Application of investigation report (a suspect welfare card and a copy of diagnosis certificate) Acts and subordinate statutes;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against a victim F with the largest number of concurrent crimes)

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to three months from September;

2. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: Each general criteria for the prevention of fire against general goods (a determination of types) (the prevention of general goods) (the person subject to special sentencing) (the person subject to special sentencing): In the event that actual damage is minor, no penalty shall be imposed (the recommended punishment).

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