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(영문) 부산지방법원 2017.01.20 2016고합520
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On April 22, 2014, the Defendant was sentenced to six months of imprisonment with prison labor by obstructing business operations at the Changwon District Court Branch Branch, and completed the execution of the above sentence on March 24, 2015.

[2] On June 8, 2016, at around 12:40 on the same day, the Defendant: (a) destroyed a fire to the public and thereby causing public danger to the victim’s market price by attaching a fire to the disuse accumulated in the victim’s Libya on the ground that the victim E was taking a bath while drinking with the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on the results of field identification, and a fire site photograph;

1. Previous conviction: Application of Acts and subordinate statutes, such as a written inquiry about criminal history (A), a report on investigation by the prosecution (prior conviction of a suspect and repeated offense), and a written judgment;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), which are favorable to the defendant

1. The scope of punishment by law: Imprisonment for not less than six months nor more than ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the general standards for fire-fighting crimes (Setting fire-fighting of general goods) where actual damage (a person subject to special sentencing] is minor (the scope of the recommended sentence] [the scope of the sentence] where actual damage is minor (the main reason for mitigation] from six months to one year (the scope of the recommended sentence] (the main reason for mitigation).

3. Determination of sentence: The crime of this case in June is committed by the defendant by setting fire at the market price equivalent to KRW 50,000,000 which is owned by the victim and causing public danger. The crime of this case is deemed to have been committed significantly poor in light of the method and content of the crime, the agreement with the victim or the recovery of damage is deemed to have not been properly achieved, and the defendant was sentenced to six months of imprisonment with prison labor on April 22, 2014 by interfering with business in the Changwon District Court Msan Branch, and was sentenced to the above punishment on March 24, 2015.

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