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(영문) 인천지방법원 부천지원 2017.02.17 2016고합284
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 August 2016, the Defendant was unable to carry with C with C the hack pipe that had been at the end of the adjoining Party C, a neighboring party, on the ground that he had been unable to carry with C on the ground that he had a hacker pipe, and the Defendant was faced with C’s arms. Accordingly, the Defendant had a good appraisal to Pyeong C on behalf of the Defendant that he had paid medical expenses on behalf of the Defendant.

Of that, the Defendant was set up in the front Da in Kimpo-si, 18:40 September 18, 2016.

In order to keep the gasoline in the agricultural lelele, which was kept in the defendant's house, the gasoline, which had been kept in the defendant's house, was put into the above lelele, and was placed in the quith part of the above lelelele, which is the owner of C, with a lele with a leleter possessed with a roots on the quith part of the above lelelele.

Accordingly, the Defendant destroyed one agricultural bitr in an amount equivalent to KRW 2 million at the market price of the C owned, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a fire and an investigation report (as regards the price of a damaged product);

1. Application of Acts and subordinate statutes to photographs of fire site and CCTV data at fire site;

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. 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 applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Scope of the recommended punishment according to the sentencing guidelines: In cases where considerable damage has been recovered (including cases where damage recovery is clearly made) from six months to one year (the scope of the recommended punishment and the determination of the recommended punishment) from six months of imprisonment, and the general standards for fire-fighting crimes are reduced area (the period of six months to one year) (the period of imprisonment is from six months) (including cases where damage recovery is clearly made);

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended execution, the defendant destroyed the whole by setting fire to the Twitler owned by C, and fire.

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