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(영문) 대구지방법원 김천지원 2013.10.18 2013고합105
일반자동차방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From August 201 to May 2013, the Defendant served as an employee at the D cafeteria located in the Gu and America City from August 2011 to May 2013.

On May 23, 2013, the Defendant, while the victim E, who works at the above restaurant, neglected the Defendant, had the mind to write the vehicle owned by the victim. On May 23, 2013, at around 02:10, the Defendant: (a) found the victim’s residence in the old Si F while holding a width and match equivalent to 500ml; and (b) laid down the said stop on the front part of the G-learning car parked in the front of that G-learning car, which was parked, and attached a flick, destroyed all the above car in an amount of KRW 8 million at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles, dispatch orders, and fire site survey reports;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of punishment] for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment] 1 to 15 years [the decision of a sentence] ] Fire-fighting crimes, general standards, types 2 (Setting-up of General Structures, etc. : No increased element of punishment: [the scope of punishment ] / no increased element of punishment : imprisonment with prison labor for at least one year but not more than 2 years / there is no increased element of punishment : there is no strong reflective element of mitigation : [the basis for suspended sentence] / there is no negative element of punishment: there is no positive element of punishment: The positive element / [the decision of a sentence] 1 year, imprisonment with prison labor for a suspended sentence / two years and fire-prevention crimes are likely to cause serious damage to human life, body, property, etc., but the defendant is found to have erred in committing the crime in this case and thus, the victim does not want to be punished against the defendant.

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