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(영문) 부산지방법원 동부지원 2016.02.16 2016고합6
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant: (a) around 01:37, in front of the Busan National University located in 15 of the Republic of Korea (Gu) in Busan National University located in Yan-dong, Nam-dong, Busan National University; (b) on the street of the Busan National Police University on the ground that the latest date was not easily unbured, and (c) one banner owned by the Busan National Police University on the ground that he was installed on the street; (d) KRW 5,000 at a market price of KRW 5,00 and one banner owned by the Democratic Nowon-do branch and D political party ( approximately KRW 80,00 at a width of about 5 meters, length of 5,00,000) at a market price of KRW 90,00,000, and continuously attached to the outer wall of the building of the building of the building of the building of the Nam-gu, Busan.

F-owned commercial rental banner (al. 5 meters wide, about 80 centimeters long) damaged the total market value of KRW 195,000 by putting fire in the same way as the market value of KRW 50,000.

As a result, the defendant set fire to others and destroyed each other's objects, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Statement made to I by the police;

1. Investigation reports and investigation reports (verification of possession of a banner on a leased advertisement);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 167 (1) of the Criminal Act concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed for the crime of fire prevention of general goods due to a banner owned by a F with heavier penalty);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Six months of imprisonment and seven years and six months of imprisonment, within the scope of punishment by law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Each general crime of fire-prevention of general goods (determination of type), fire-prevention, general standards, type 3 (Setting fire to general goods) [Special mitigated element] ① Where actual damage is minor, ② where punishment is not imposed or considerable damage is recovered.

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