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(영문) 수원지방법원 성남지원 2020.03.26 2019고합344
일반자동차방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On May 17, 2018, the Defendant was sentenced to one year and six months of imprisonment for general automobile fire prevention in the Sungnam Branch of the Suwon District Court, and completed the execution of the sentence on October 28, 2019.

【Criminal Facts】

While making soup without a certain occupation and residence, the Defendant did not take stress due to economic problems, etc. and did so to solve this problem.

At around 03:50 on December 12, 2019, the Defendant: (a) removed two copies of the advertising site (section 10) owned by the victim B, who was parked in a public parking lot located in the Tae-dong 7003-21, Tae-dong, Tae-nam-si, 703-21, which was located in the Tae-dong public parking lot; (b) destroyed the said new-in XD's line, front wheels, and the vehicle inside the city with a one-time stop, which was in possession of the victim B, and moved the part of the driver's seat of the vehicle in the above C-U.S., which was parked in the above new-in XD's right side; and (c) destroyed the part of the driver's seat of the vehicle in the above C-U.S., which was parked in the above new-innan-dong, 703-21; and (d) destroyed the above part of the vehicle in the market price to the victim's left part 80.

Accordingly, the defendant destroyed the victim's automobile.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police statement of the victim B, D, and F;

1. On-site photographs, field identification photographs, and estimates;

1. Previous records: Application of Acts and subordinate statutes to inquiries such as criminal records, etc. and confirmation period of repeated crimes;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a victim B of the largest crime)

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 of the Criminal Act for discretionary mitigation.

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