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(영문) 대구지방법원 서부지원 2015.01.22 2014고합142
일반물건방화
Text

A defendant shall be punished by imprisonment for not less than eight months.

A one colorer (No. 1) shall be confiscated from the accused as soon as possible.

Reasons

Punishment of the crime

[criminal power] On May 15, 2014, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for the crime of fire prevention of general goods owned by the Seoul Central District Court, which became final and conclusive on May 23, 2014.

【Criminal Facts】

On December 27, 2013, around 14:24, the Defendant: (a) performed the work as a seafarer of “E” for six days from the 18th day of the same month from “D”, which is a place for the separation and repair of wastes by type, such as paper, general garbage, plastics, etc., located in Jeju City; (b) but did not receive the wages, and (c) stored in a newspaper where he was in possession of a fire in the paper waste bag by inserting fire into the paper waste bag by means of a one-time coverter; and (d) stored the paper in the non-breadth thereof in the paper waste bag, etc. by setting fire into the paper inside the market price, which is the ownership of the prime viewing, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. A written statement;

1. Seizure records;

1. Each photograph and each investigation report;

1. Previous convictions in judgment: Application of inquiry reports, investigation reports, and final and conclusive Acts and subordinate statutes;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment: Imprisonment for not less than six months but not more than five years;

2. Application of the sentencing criteria (decision of types), the general criteria, the Type 3 (Setting of General Goods and Fire Prevention) where actual damage is minor (decision of the recommended area), the mitigated area [decision of the recommended area] shall be sentenced to imprisonment for not less than 6 months and not more than 1 years; and

3. Determination of sentence: Imprisonment with prison labor for the crime of this case in August, 200, the crime of this case was committed by the defendant and thus, can only be applied to recycled waste sources on the street for the reason that the defendant was in fired, and the nature of the crime is not minor;

In addition, the defendant is suspended from execution for the crime of fire prevention of general goods owned by him after the crime of this case.

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