(영문) 수원지방법원 성남지원 2015.04.02 2014고합347

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2015.04.02 2014고합347

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 October 30, 2014, the Defendant: (a) around 21:30, the Defendant: (b) requested, with normal knowledge, to lend tobacco to an influencer; (c) but was rejected; (d) however, the Defendant: (a) caused public danger by destroying another’s goods by setting fire to a plastic paper covering a disposable-ro package for the victim E, which was owned by the victim E, immediately adjacent to the storage yard; (b) attaching fire to a disposable-ro package, which was owned by the victim E; and (c) turning a part of plastic paper into a tent and a flucentle, attached to the upper end of the packing bus; and (d) then, (e) causing a condition that a part of plastic paper may be moved to another packing paper attached to the plate attached to the lower end of the packing bus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. Application of statutes on site photographs;

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

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

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

2. Scope of recommendations according to the sentencing criteria [the scope of recommendations] [the scope of punishment [the scope of punishment revised] shall be reduced to 1/2] from six months to one year [the minimum limit of punishment (6 months)] from one year [the minimum limit of punishment recommended in the sentencing guidelines is lower than the minimum limit of punishment under the law, and the minimum limit of the punishment range recommended in the sentencing guidelines is lower than the minimum limit of the applicable sentencing range under the law]; in cases where actual damage is insignificant; in cases where actual damage is minor, it shall be reduced [the scope of punishment] from 3 months to 1 year [the minimum of the applicable sentencing range].

3. Determination of sentence: the case in this case by the defendant for six months of imprisonment and one year of suspended execution; and

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