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(영문) 인천지방법원 부천지원 2017.02.24 2016고합270
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 17, 2016, around 06:50, the Defendant: (a) around the bus stops located in Seocheon-ro, Seocheon-ro 47, Seocheon-ro, Seocheon-ro, and (b) around the bus stops, the Defendant was able to wear all advertising wind lines by attaching fire to the bus stops owned by the victim D, the victim of which is located on the road, who is not able to protect himself.

Accordingly, the defendant destroyed the advertisement wind line equivalent to KRW 350,000 in the market price owned by the victim and caused public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

112 Application of the 112 Reporting Table, field photographs-related Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Period of punishment by law: Six months to five years; and

2. Recommendation type of sentencing criteria: Imprisonment with prison labor for six months to one year [type], Type 3 (Setting Fire-Fighting of General Goods) (the area of recommendation, height of right] mitigation area (the area of punishment, height of right), imprisonment with labor for six months to one year.

3. Sentence: Imprisonment with prison labor for six months and suspended execution for one year, the crime of this case is not good for the defendant to commit a crime by attaching it to the wind line for singing advertising, which was under the influence of alcohol.

If the wind brus have explosiond or moved to another place, there was a risk of causing more physical and human damage.

The Defendant committed the instant crime even though he/she had been punished several times by neglecting his/her failure in the state of his/her driving.

However, a special consideration was given to the fact that the defendant's mistake is recognized and reflected in depth, that the victim does not want the punishment of the defendant, and that the victim does not have any record of punishment for the same kind of crime.

In addition, the defendant's age, sex, environment, and crime of this case.

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