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(영문) 전주지방법원 2016.06.16 2015고합203
일반물건방화
Text

Defendant

A shall be punished by imprisonment for eight months.

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 7, 2015, the Defendant, while walking in the state of drinking the “F” front of the “F,” operated by Kim Jong-si, Kim Jong-si on September 7, 2015, found the rubber straw and plastic pressure equipment he stored at the same place, and string the end.

The co-defendant C attempted to attach a fire to the rubber strings and the vinyl strings, but did not put the fire well, and added the strings on the street to the Defendant by cutting off the strings and attaching fire to the Defendant, and attached the strings to the joint Defendant C, and the co-defendant C destroyed by setting fire to the rubber strings and the vinyl strings by using the strings and the vinyl strings.

Accordingly, the Defendant conspired with the co-defendant C by setting fire to the objects owned by E, thereby causing public danger.

Summary of Evidence

1. Each legal statement of the defendant and joint defendant C

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to report internal investigation (to take photographs of damaged scene);

1. Article 167 (1) and Article 30 of the Criminal Act related to the crime (the occupation of fire-fighting of general goods);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where actual damage (from June to one year) is insignificant in the mitigation area (person with a special mitigation) of Type 3 (Setting Fire to General Goods) within the scope of the recommended sentence [the scope of the recommended sentence] general standards;

2. The Defendant, who was sentenced to criminal punishment, committed the instant crime even though he/she had a record of criminal punishment several times due to the instant crime, is disadvantageous.

On the other hand, the Defendant, upon the joint Defendant C’s request, committed the crime of this case by putting his fire on the front door, and taking part in the fire prevention crime of this case against him, is relatively minor, and the occurrence of considerable damage is not spread, and the Defendant recognized the crime of this case.

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