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(영문) 서울북부지방법원 2016.04.08 2015고합442
일반자동차방화
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 March 26, 2015, the Defendant: (a) discovered the E-UP car owned by the victim D parked in the parking lot of the building in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) without any justifiable reason, carried the said car with the repair cost of KRW 17.60,000,000 for the repair cost by attaching it to the lower part of the front gate of the said car and the lower part of it.

Accordingly, the defendant destroyed the automobile owned by others by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. A report on the occurrence of a fire, an investigation report (in the presence of a fire, an investigation of CCTV around the site, a face-to-face investigation by a male telephone, a response by the National Institute of Scientific Investigation requesting genetic assessment of a suspect A, a suspect, a specific suspect, a screen of on-site CCTV, etc.

1. On-site photographs, CCTV photographs, and CCTV photographs of non-suspected suspects;

1. Answer of communications data, response to resident registration photographic data (67 persons), analysis data on the monetary records of base stations, written consent to collect DNA identification samples, requests for genetic appraisal, response to requests for appraisal (F), and descriptions of a gene appraisal document;

1. Application of Acts and subordinate statutes to describe a copy of a written estimate for general repair costs;

1. Article 166 (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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. Scope of the recommended punishment according to the sentencing criteria: In the event that the punishment of the Class 2 (Setting Fire to General Structures, etc.) (person subject to special sentencing) is not imposed or the considerable damage is recovered from the sentence, the mitigated area of the punishment, the imprisonment for not less than one year, but not more than two years (the type of decision).

3. Determination of sentence: Imprisonment with prison labor for one year and suspended execution for two years; fire-fighting crimes such as the crime of this case are crimes prejudicial to public safety and peace, and they are the lives of many and unspecified citizens.

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