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(영문) 수원지방법원 안산지원 2013.10.11 2013고합236
일반물건방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 11, 2013, the Defendant: (a) around 04:06, at the front of B-dong B-dong, the Defendant, without any special reason, attached a disposable gas he possessed, to the lower part of the waste, and had the victim C, who was next to that thirth, collected the clothes.

As a result, the defendant destroyed the above waste collection box of 250,000 won at the market price owned by the victim and caused the danger of moving to the surrounding area of the non-breadth, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of field photographs, records of seizure and other Acts and subordinate statutes to crimes;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment: Imprisonment with labor for up to five years;

2. Scope of recommendations according to the sentencing guidelines (determination of types of punishment), range of punishment for fire-fighting crime group, Type 3 (General Goods Fire-Fighting) (Special Convicts) increased and mitigated factors: None of the relevant factors (Scope of recommendations): From 10 months to 2 years.

3. The crime of this case committed by the sentence of sentence was committed by adding fire to garbage in the way that the defendant added to the above garbage and caused public danger by removing clothes in the vicinity of the above garbage. In light of the fact that the crime of fire prevention can cause serious damage to the lives and property of the people, which is highly dangerous in society, and that the defendant seems not to recover from damage to the victim, it is necessary to punish the defendant strictly.

However, the defendant recognized the crime of this case and reflected his mistake.

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