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(영문) 서울남부지방법원 2011.11.24 2011고합415
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 20, 201, at around 18:40 on June 20, 201, the Defendant: (a) installed a stone plate and set off iron tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin of the National Assembly located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, (20cc in diameter, 10cc in height) in which the mixture is mixed with a alcohol light (Evidence 1) and added the mixture to the paper box tin tin tin tin tin tin tin tin tin tin tin tin of the National Assembly owned by the Republic of Korea so that there is a little amount of less than 50,000 won in repair cost.

Accordingly, the defendant destroyed the object by setting fire, thereby causing public danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement to C by the police;

1. On-site forest site:

1. Plastics, photographs, and respective drawings;

1. Requests for appraisal, reports and photographs of the appraiser;

1. Application of Acts and subordinate statutes to each protocol of seizure, photographs of seized articles and list of seized articles;

1. Article 167 (1) of the Criminal Act applicable to 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 on the suspension of execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

A. The defendant and his defense counsel claimed that the defendant, as stated in the facts charged in this case, attached a fire to alcohol emitting so that it can be postponed from the mixtures located in the iron tin box, but the fence of the National Assembly which is attached to the paper box and the spam are destroyed by the fire of the spacker, and that the spacker with the spacker covered by the steel spacker spacker's spacker with the spacker's spack, and that the defendant did not have any intention to prevent fire.

B. However, according to the above evidence, the above evidence is examined.

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