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(영문) 의정부지방법원 고양지원 2014.11.07 2014고합197
일반물건방화
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On July 18, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a general automobile and fire prevention in the Incheon District Court's Branch Branch on July 18, 2014, and the judgment becomes final and conclusive on July 26, 2014, and is currently under suspension of execution.

At around 03:40 on September 18, 2014, the Defendant entered the “Ejun station” owned by the victim D, which is located in Ilyangdong-gu Seoul Metropolitan City, and sought to find a disease where alcoholic beverages remain at a garbage level after leaving the place, but it was not possible to drink the alcoholic beverage, which led to the Defendant’s transfer of the alcoholic beverage to the main organic bag by attaching fire to the waste bag located on the back of the said main organic bag.

Accordingly, the defendant set fire to set fire and destroyed the harmful abandonment owned by the victim, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, G, and H;

1. Records of seizure and the list of seizure;

1. Application of CCTV Acts and subordinate statutes;

1. The fact that the punishment of Article 167 (1) of the Criminal Act concerning the crime is the same as that of the corresponding Article of the Act;

1. The scope of applicable sentences: Imprisonment for one year to ten years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the general criteria for fire prevention (the determination of general goods and fire prevention) of types 3 (the determination of the recommended area) and the basic area [the scope of the recommended area] shall be sentenced to 10 months to 2 years.

3. Determination of sentence: The defendant committed the instant crime in favor of the defendant, under the circumstances favorable to the defendant, when he was sentenced to the suspended sentence for whom he did not know even though he was under the suspended sentence due to the same kind of crime, and when he was sentenced to the suspended sentence for not less than two months. The instant crime was committed by the defendant, when he entered a gas station in the middle of the court, and the crime was committed in the middle of the year, and the nature of the crime was bad, and the crime was committed.

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