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(영문) 춘천지방법원 원주지원 2015.09.17 2015고합42
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 8, 2015, at around 03:03, the Defendant: (a) discovered a non-packer 50,000, the market price of which is equivalent to KRW 450,00,00, and, without any reason, installed a paper fire using a bub, which was in possession; and (b) destroyed a fire by means of extinguishing it into the bub, and completely extinguishing it.

Accordingly, the defendant set fire to the general goods owned by others, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Four on-site photographs, 26 copies of a CCTV-cape photograph, four all-round photographs;

1. On-site reports (CCTV image data);

1. Application of 119-reported related data replys (B) Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations according to the sentencing criteria (decision of types), range of recommendations (decision of types), general standards, Type 3 (Setting of General Goods and Fire Prevention) [Scope of Recommendation Punishment] and imprisonment with prison labor for 6 months from June to one year;

3. Determination of sentence [Incompetence] Fire fighting is a crime that may cause serious harm to the lives or property of many citizens by causing a large number of other accidents even if it is a minor crime that harms the public peace and peace, and thus, it shall be deemed that the criminal liability of the defendant is heavy. [I] The fact that the defendant led to the crime of this case in which he/she committed the crime of this case, led to the confession of the crime of this case, divided his/her mistake, committed the crime of this case by contingency, there is no previous crime, there is no agreement with C, and the defendant voluntarily reported to 119 after the crime of this case;

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