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(영문) 서울중앙지방법원 2014.04.25 2013고합885
일반물건방화
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant, as a daily worker in Seongbuk-gu Seoul Metropolitan Government, was living together for about 102 days with D residing in the house located in Seongbuk-gu Seoul Metropolitan Government.

At around 06:00 on April 29, 2013, the Defendant: (a) destroyed the clothing, etc. equivalent to approximately KRW 2.50,000 in total market price by attaching fire to the body of the Defendant, i.e., double-use clothes owned D, i.e., double-use clothes, i., inner clothes, etc., which were left in the body of the Defendant, and caused danger to the public by taking advantage of 2,50,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the police interrogation protocol against the defendant

1. Application of the photographic Acts and subordinate statutes;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than five years;

2. Application of the sentencing guidelines [Determination of types] Fire-fighting, general standards, Type 3 (Setting Fire-Fighting of General Goods): In cases where actual damage is minor, in the event that the damage is minor, the sources of punishment not to be mitigated (general person): efforts to prevent extinguishing fire and other damage; efforts to prevent the spread of harm; serious reflect [the scope of the recommended field and the recommended range] mitigation area; three months of imprisonment or one year (one-half of the corrected minimum punishment, as there are at least two mitigation factors among special convicts) (the scope of the corrected recommendation punishment) [the scope of the corrected recommendation punishment] imprisonment for six months or one year (compliance with the lowest limit of the applicable punishment under law).

3. Determination of sentence: A 1 year fire-prevention crime under a suspended sentence of 6 months is not less vulnerable to the nature of the crime in that it is highly likely that the fire-fighting subject would rapidly cause serious damage to human life or property by setting fire-fighting objects. However, the fact that the defendant led to the crime in this case and is against it, there is no criminal history of the defendant, there is no criminal history of the same kind, and there is no criminal history of the fine, and there is no difference between the two.

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