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(영문) 광주지방법원 목포지원 2016.06.02 2016고합22
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Although the Defendant ordered the transfer and removal work of D from July 13, 2015 to the 18th of the same month operated by the victim C, the Defendant did not receive construction payment from the victim and did not make an appraisal of the victim.

On December 16, 2015, the Defendant demanded the payment of the construction cost from around 16, 2015 to the victim, but the victim did not respond to it, and then 21:30 from around 21:30 on the same day, the Defendant left the FpoterⅡ driver’s seat of the truck parkeded at this place, and cut off the window by deciling it into no yellow (defluor). On the inside of the vehicle, gasoline was fluored with a fire, thereby causing damage in the amount of KRW 5,979,168 by putting a fire into fire, and making the fluor’s seat and the fluor’s fluor’s fluor’s fluor.

Accordingly, the defendant destroyed the victim's automobile by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A photographic image of the victim CKakao Stockholm text messages;

1. Reports on results of field identification, identification photographs, circulars to requests for appraisal, photographs taken at the scene of occurrence of the report;

1. Application of the written estimate for vehicles;

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 (Article 55 and Article 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended punishment on the sentencing criteria [the type of punishment] [the general standards for fire-fighting crime groups] fire-fighting (the type No. 2), such as general buildings (the special sentencing factors): Reduction factors: Imprisonment with prison labor for one year or one year or two years in cases where the punishment is not imposed or considerable damage is recovered.

3. Determination of sentence: One year of imprisonment, and two years of suspended execution, the crime of this case by the defendant setting fire to and burns the victim's automobile, and the crime of fire prevention is a person's life, body, and property;

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