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(영문) 대구지방법원 안동지원 2017.03.21 2016고단866
존속폭행등
Text

A defendant shall be punished by imprisonment for one year.

The prosecution against remaining assault in the facts charged of this case is dismissed.

Reasons

Punishment of the crime

On November 7, 2014, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law in the Daegu District Court's Ansan-dong branch on November 7, 2014, and the period of parole on April 30, 2015 during the execution of the sentence was expired on May 6, 2015.

[2] On July 2, 2016, the Defendant filed a request for a summary order of KRW 1,00,000 with the view to destroying the entrance door of the above senior citizens center at around 12 days prior to the entrance door of the "D senior citizens center" owned by the victim D senior citizens center in Ansan-si, Dongdong-si, as well as KRW 1,00,00. At the time of the above senior citizens' meeting, even though the above senior citizens' meeting had a department, the above senior citizens' meeting did not have to submit a estimate to the police and to pay a fine to the police, and thus, he would be able to die. The Defendant found the above senior citizens' meeting in the plastic container, and found it in the above senior citizens' center and carried gasoline in the front stairs of the entrance of the senior citizens' center, and caused a fire, such as an aesthetic wall, etc. in the city, by placing it on the entrance and outer wall of the above senior citizens center.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A report on the results of field identification, a response to a request for appraisal, and an appraisal of a fire case;

1. On-site photographs;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, and applicable statutes on the acceptance status;

1. Article 166 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Articles 166 (2) and (1) of the Criminal Act that choose a penalty (the choice of imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Determination as to the defendant's assertion of Articles 53 and 55 (1) 3 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing)

1. The defendant did not have intention or purpose of fire prevention at the time.

2. In order to establish a crime of fire-prevention of a general structure, an actor must be intentional, but there is sufficient perception that there is no active desire or conclusive perception to commit a crime of fire-prevention of a general structure.

The above evidence is examined.

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