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(영문) 부산지방법원 동부지원 2018.03.23 2018고합24
일반물건방화
Text

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

A seized Raz. (Ampire tampers, among subparagraph 1 of evidence) shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On April 29, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for obstructing the performance of special official duties in the Busan District Court’s branch branch, and completed the execution of the sentence on March 8, 2017.

[2] The Defendant had previously been dissatisfied with D stores, which had previously been living in the Gopo-gun, Gopo-gun, Gopo-gun, Gopo-gun, the Defendant: (a) had been dissatisfied with the goods managed by the said shopping mall; and (b) purchased the “Spo-gu, Gopo-gun” at the border convenience store on February 15, 2018.

1. On February 16, 2018, around 08:30, the Defendant: (a) destroyed all the above banners equivalent to KRW 30,000 in the market value by attaching the fire to the end of the banner (fm, 80cm in length) owned by the victim F, installed on the part of India, located on the part of the address, which was managed by the victim F, located on the part of the address, and destroyed the entire banner.

Accordingly, the defendant destroyed another person's property and caused public danger.

2. The Defendant, at the date, time, and place mentioned in paragraph 1, destroyed part of the banner (such as 6m width, 80m length length) at the end of the Busan D shop owned by the victim F, which was installed by the victim F, by putting a fire on the banner and moving it to the flaps delivery, and destroyed part of the banner equivalent to the market price of KRW 30,000,000 by attaching the fire by the above method, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each police and prosecution investigation report (including the list of evidence Nos. 2, 8, 9, 12, 14, 17, 19, and accompanying materials);

1. Police seizure records;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (prior convictions);

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

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

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed in paragraph (1) of the same Article, which is heavier than the punishment provided for in paragraph (1) of the same Article);

1. The Criminal Act for mitigation of quantity;

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