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(영문) 서울동부지방법원 2018.09.06 2018고합103
일반물건방화
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 31, 2017, the Defendant stated the facts charged in front of Songpa-gu Seoul Metropolitan Government on the street (E) around 22:06 as “the preceding street,” but it appears to be a clerical error in light of evidence relations, etc.

Defendant

In addition, since the defense counsel recognized the facts charged in this case and consented to all the evidence of the prosecutor, the location indicated in the facts charged is not likely to cause substantial disadvantage to the defendant's exercise of his right to defense, even if changed as stated

In the case, the victim d's ozones were used on the floor, and the gasoline flow was found in the main basin and damaged by setting off the gasoline.

Accordingly, the defendant caused public danger by setting fire to the victim's ozone part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Search and seizure inspection warrant and reply;

1. Report on the results of field identification, and on-site identification photographs;

1. The application of Acts and subordinate statutes to a report on internal investigation (Attachment of CCTV images related to a crime), a report on investigation (the counter investigation of the victim), a report on investigation (related to witness's information), and a receipt for purchasing tobacco attached thereto and a report on investigation (specific suspect);

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

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 favorable circumstances shall be considered as the grounds 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. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Reduction elements of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] [the general criteria for fire prevention] and the general criteria (the prevention of general goods): In the event that punishment is not imposed or considerable damage is recovered, [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] mitigated area, six months to one year.

3. Determination of sentence: Imprisonment with prison labor for eight months, or two years disadvantageous to a suspended sentence: the accused shall be at a public place without justifiable grounds; and

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