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(영문) 서울중앙지방법원 2018.03.30 2018고합153
일반자동차방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 22, 2018, at around 02:00, the Defendant: (a) provided that the employees of the said main shop did not engage in any dispute by stopping out of his name-free female helpers and the main shop, and (b) provided the said employee with a separate drinking out of his name-free female helpers; (c) provided the said employee with a female helpers; and (d) eventually, the Defendant provided the said entertainment center to the couple.

At around 04:00 on the same day, the Defendant thought that he had a dispute with the main employee in D's above "D amusement shop" while driving ahead of the Dongjak-gu Seoul Metropolitan Government E, and attached a stop with the main employee from the waste located at the edge of the road without participating in theization to a stop in which he was in possession of the Defendant, and then used it to move the car to the said car by setting the latter wheels of the Grae LPG car owned by the victim F.

As a result, the Defendant destroyed part of the automobile to ensure that approximately KRW 1,490,00 of the repair cost for the exchange of fire by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A police investigation report, a written estimate of damage, and a statement of damage attached thereto;

1. On-site investigation reports (on-site investigation, the verification of CCTV of I real estate), and photographs and images attached thereto;

1. Application of statutes on motor vehicle registration certificates;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that the accused commits an error, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 (1) of the Act on the Observation, etc. of Protection and Order to Attend Courses;

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

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment] Class 2 (Setting fire to general buildings, etc.] (person subject to special mitigation], the area of mitigation [the scope of the recommended punishment and the scope of the recommended punishment], one year to two years

3. Sentence;

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