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(영문) 의정부지방법원 2016.04.06 2015고합333
일반물건방화
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 9, 2015, the Defendant: “D” in the Guri-si, Guri-si, Sinri-si, was in possession of, and destroyed by setting fire to the Apchip scenic line owned by the victim E, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to field CCTV photographs, CCTV photographs for crime prevention, and CCTV photographs;

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

1. The reason for the crime of this case under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (see Article 51 of the Criminal Act, as stated in the reason for the sentencing below) is that the crime of this case was destroyed by setting fire to a arche line installed prior to the store delivery, and thus, the nature of the crime is not less weak in light of the risk that a fire can be moved to the building. The defendant has repeatedly attached the above catere to several times without having to attach it well, and did not make efforts to prevent extinguishment or spread of damage by leaving the site without leaving it. The fact that the defendant did not agree with the victim is disadvantageous to the defendant.

However, the fact that the defendant recognizes the crime and reflects on the degree of actual damage caused by the crime of this case, the fact that the degree of actual damage is relatively not more severe (the market price of the Apung Pung Line is equivalent to 150,000 won), the defendant appears to have committed the crime of this case by contingency while under the influence of alcohol, and the fact that the defendant did not have the same criminal record and has no criminal record except punishment by a fine on one occasion is favorable to the defendant.

In addition to these circumstances, all of the sentencing conditions in the instant case, including the motive, means and result of the commission of the crime, the circumstances after the commission of the crime, the defendant's age, sexual conduct, environment, etc., and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court [the general criteria of the Fire-Fighting Crime Group shall be the mitigated area (the case where the actual damage is minor), six months to one year].

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