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(영문) 대전지방법원 2014.09.26 2014고합202
일반물건방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On March 24, 2014, the Defendant, at around 00:00, 00, 1112, coming from the "Korea Air and correspondence University School", which was located in the Yeongdong-gu, Yeongsung-gu, Yeongdong-gu, 112, and left without her family after being divorced from her wife, caused public danger by setting fire to turd with 300 meters away from the intersection in front of the Cheonggesan Park, which is located in the same Yeongdong-gu, the Defendant continued to run away from her wife, and then setting fire to turd by setting fire to turf by the same method.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. Application of related photographs and related photographs (on-site photographs at the time of arrest) Acts and subordinate statutes;

1. Article 167 (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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment: Imprisonment with labor for up to five years;

2. Application of the sentencing criteria [Determination of types] general standards for fire-fighting crimes and there is no general goods and fire-prevention (type 3) (the scope of recommending punishment] (the scope of recommending punishment] (the basic area) from October to two years (the basic area);

3. Determination of sentence: 10 months of imprisonment, 2 years of probation, and 300 meters away from the Defendant’s wife, and the crime of this case on probation is likely to spread over six occasions. In light of the content and frequency of the crime, it is not good to commit the crime. The crime of fire prevention is a serious criminal who does not merely inflict property damage but may cause enormous human injury and social loss. In particular, the Defendant could have inflicted considerable damage on the law that can easily spread in a short length if it is delayed.

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