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(영문) 수원지방법원 안양지원 2014.07.09 2014고합79
일반물건방화
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 20:50 on November 29, 2013, when the Defendant was dissatisfied with the failure to seek ordinary jobs, the Defendant was in front of the vinyl owned by the victim AS in the Dacheon-gu, Macheon-gu, Macheon-si, Macheon-si, and was in possession of the victim, and caused public danger by setting fire to the fence of the plastic house entrance and setting fire to the fence of the market price equivalent to KRW 50,00,000 in the market price owned by the victim.

In addition, the Defendant destroyed an object owned by others four times in total on the same day as the attached list of crimes, and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to AT;

1. AS, AU, and AV's written statements;

1. Application of the Acts and subordinate statutes on fire site photographs;

1. Article 167 (1) of the Criminal Act concerning the crime concerned;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified in paragraph (2) in the annual table of crime sight which is the most severe judgment);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for not less than six months to not more than seven years;

2. Application of the sentencing criteria;

(a) Each crime listed in paragraphs 1, 3, and 4 of the table of crime committed in the holding [decision of type], fire prevention, general standards, and Type 3 (Setting-off of General Goods): In the event that actual damage is minor (the scope of a recommendation sentence): imprisonment with prison labor for up to 6 months from 1 year (a mitigation area);

(b) Crimes in paragraph (2) of the year table of crime in the holding [determination of type] Fire Prevention, General Criteria, Type 3 (Setting Fire to General Goods): Reduction element: In the event that actual damage is minor, the court below's decision not to punish [the scope of punishment of recommendation] from 3 months to 1 year (special mitigation area).

C. Handling multiple crimes: 6 months to 10 months of imprisonment; 10 months; and 4 concurrent crimes whose nature of crimes is the same. Thus, according to the standards for handling multiple crimes, the upper limit of the sentence of the basic crimes is set forth in Articles 1, 1, 2, 1/2, and 1/3.

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