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(영문) 의정부지방법원 2016.01.21 2015고합347
일반건조물방화
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2015, around 05:0, the Defendant destroyed part of the outdoor equipment and the building of the beauty room owned by the victim by the Defendant by attaching fire to the cosmetic room, string, etc. installed on the outer wall of the cosmetic, which was installed in the cosmetic room, and the ice strings, etc. installed on the outer wall of the cosmetic room, using a one-time tool prepared in advance, the Defendant destroyed the part of the repair cost of the cosmetic and the building of the cosmetic room to be KRW 4.7 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site reports on the results of meals;

1. Video images recorded in C CCTV for commercial buildings;

1. Application of written estimates to Acts and subordinate statutes;

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;

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Application of the sentencing criteria [the scope of the recommended punishment] general criteria for fire prevention, and the area of mitigation (one year to two years from the date of special mitigation) (the prevention of general buildings, etc.) (one year to the date of special mitigation) is not subject to punishment;

3. Determination of sentence: The crime of this case, one year of suspended execution, two years, shall be sentenced to imprisonment with prison labor, and the crime of this case, one year of suspended execution, shall be attached to the books, boxes, etc. located outside the air-conditioning room installed on the outer wall of the building where the defendant is concentrated, which caused the fire to spread out of the air-conditioning room and the outer wall of the building, and the crime of this case shall not be exceptionally applied in that it could cause large-scale damage.

However, under the favorable circumstances, the defendant led to the confession of and reflect against the crime of this case, the defendant committed the crime of this case by contingency while drinking alcohol, the defendant's smooth agreement with the victim D with the victim that the damaged person wants to leave the ship against the defendant, and the defendant has no record of criminal punishment, the defendant's age, and the other defendant's age.

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