(영문) 부산지방법원 2015.10.30 2015고합555

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(영문) 부산지방법원 2015.10.30 2015고합555

일반자동차방화

Text

A defendant shall be punished by imprisonment for one year.

One (No. 1) and one (No. 2) shall be confiscated. Each one (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On September 11, 2015, the Defendant: (a) around 19:40 on September 11, 2015, at the front parking lot of the Busan Northern apartment 407, the Defendant: (b) attached to each of the above vehicles with the MF3 car owned by the victim D; (c) the MF5 personal taxi vehicle owned by the victim E; and (d) the victim F, which the Defendant was in custody of the Defendant at his place of residence.

As a result, the Defendant: (a) destroyed the front part of the said SM3 vehicle to repair cost in KRW 2,713,324; (b) the front part of the front part of the said SM5 individual taxi vehicle to repair cost in KRW 4,074,469; and (c) the front part of the said SM5 individual taxi vehicle so that the amount of repair cost can not be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement on G, D, E, H, and F;

1. The police seizure record and the list of seizure;

1. Each police investigation report (case of attaching photographs of the damaged vehicle, case of new and portable seals used for committing a crime, and case of attaching estimates of the damaged vehicle);

1. Application of the written estimate of the damaged vehicle, J, table table for appraisal request, body image pictures, field pictures, and image pictures of the damaged vehicle, which have been seized by the suspect;

1. The crime of fire prevention under Article 166 (1) of the Criminal Code against the crime of this case is to protect public stability in order to prevent danger to the lives, bodies, property, etc. of the general public and to protect an individual's property right in the second place (see Supreme Court Decision 82Do2341, Jan. 18, 1983). In full view of the fact that the crime of this case is only one crime of fire prevention even if several buildings located in the same area are destroyed in the same opportunity in the same order of equal opportunity, it is reasonable to view that the crime of this case constitutes a single general automobile fire prevention crime, since the crime of this case was committed against the same opportunity for three vehicles parked in the apartment parking lot by the defendant.

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참조조문

-형법 제166조 제1항

참조판례

-대법원 1983. 1. 18. 선고 82도2341 판결

유사 판례

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