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Reasons
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(영문) 서울중앙지방법원 2016.11.11 2016고합886
폭행등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 24, 2016, the Defendant: (a) discovered the victim C (the age of 53) who was seated at the “Support Center for Seoul Central District” 13, a unification of Jung-gu, Seoul, Seoul, and (b) took a bath for the victim without any special reason; and (c) assaulted the victim two times the face of the victim by drinking.

2. At around 00:50 on August 25, 2016, under the influence of alcohol, the Defendant: (a) discovered the disuse strawer stockpiled by the victim E in front of the D building located in Jung-gu Seoul, Jung-gu, Seoul; (b) laid down a fire at the same time; and (c) laid down a string with a one-time stop in his possession, attached a fire to the string of the string and the signboard of the 1st floor of the building managed by the victim F, under the influence of the victim F.

Accordingly, the defendant set fire to and burns the upper 4.10,00 won of the market price and destroyed the macker, ricar, signboard, etc., thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to C, F, and E;

1. C’s statement;

1. Application of the Acts and subordinate statutes to investigation reports (to peruse on-site CCTV images and to attach CDs), CD-records on-site CCTV records, investigation reports (to attach photographs on-site), and photographs on scene of crimes;

1. Relevant Article 260 (1) of the Criminal Act and Article 167 (1) of the Criminal Act (the point of violence and the choice of imprisonment with prison labor) that apply to the crime;

1. Article 10(2) and (1) and Article 55(1)3 of the Criminal Act for mitigation of mental illness and injury (as to the general crime of Setting fire against general goods),

1. Grounds for sentencing among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (only to the extent that the punishment is added up the long-term punishment of both crimes) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than seven years;

2. The sentencing criteria shall be set.

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