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(영문) 인천지방법원 2017.09.08 2017고합447
일반자동차방화미수등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 12, 2017, the Defendant attempted to commit fire prevention against a general motor vehicle: (a) d apartment sperm in Bupyeong-gu, Incheon Metropolitan City, with cash and cell phones stolen; (b) around April 12, 2017;

A. On April 13, 2017, around 23:33, at the above D apartment 207-dong 207-dong 207-dong 2-dong 2nd underground parking lot, the victim E-owned car parked using a one-time pen, with a fire on the lower part of the driver’s length of the car located in the F. F. A. However, the fire was attempted by natural fire extinguishing.

B. At around 23:35 on the same day, the victim G, parked in the same place, attached a fire in the same manner at the bottom of the HH Habba car server owned by the victim G, but, upon receipt of a report, the apartment security guards called out have attempted to extinguish the fire by using fire extinguishers.

2. On April 25, 2017, around 09:40, the Defendant destroyed a general structure by setting fire to a toilet wall and a tent by attaching a fire to the toilet line with the fire on April 25, 2017, when the victim Cheongcheon-gu 2, Jungcheon-gu, Incheon, 96-ro 12, the victim Cheongcheon-gu, Jung-gu, Seoul, 2002, was managed by the redevelopment and rearrangement project partnership for housing redevelopment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and I;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Application of the reports on results of field identification, and statutes on site photographs;

1. Articles 174, 166 (1) (the attempted crime of ordinary vehicles) and 166 (1) (the crime of ordinary vehicles) of the Criminal Act concerning the facts constituting an offense under the corresponding provisions of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed for the crime of fire-prevention of a general structure with the largest circumstances);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).

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