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(영문) 대전지방법원 2018.06.07 2018고합56
일반건조물방화
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for an injury, etc. at the Daejeon District Court on June 22, 2017, and the said judgment became final and conclusive on June 30, 2017, and is currently under suspended sentence.

[2] The Defendant: (a) in a vinyl house used by D in the Dong-gu Daejeon, Daejeon as a warehouse for storage of agricultural instruments, etc. on January 4, 2018; and (b) in a vinyl house, all of which were in a vinyl house and a vinyl house by setting fire as a warehouse under the influence of alcohol, without any justifiable reason.

100cc Atoma 1, drieder 1, gymh, 2 pumps, 1 electric dryp, 1 electric string, 1 electric studs, and 1 electric strings installed by E in the sections and greenhouse poles adjacent to the greenhouse greenhouses.

Accordingly, the defendant destroyed the building that D uses as a storage warehouse such as agricultural equipment, etc. to cause about KRW 7.310,000 to damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each photograph (Evidence Nos 3 and 5), each quotation, etc. (Evidence List Nos 15, 27), CDs;

1. Previous convictions in judgment: Investigation report (report on confirmation of the date of confirmation of the stay of execution), sentence, etc., and the application of statutes by inquiry;

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

1. Grounds for sentencing under Articles 53 and 55(1)3 ( considered favorable circumstances among the following grounds for sentencing) of the Criminal Act to mitigate small amount;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria is general standard and the mitigation area (one year to two years), the mitigation area (person with special mitigation] (person with special mitigation), the punishment of which is not imposed, or damage corresponding to a considerable portion has been restored;

3. Determination of sentence: The crime of this case for one year by imprisonment was committed by the Defendant without any justifiable reason and destroyed the said plastic houses and other things. As such, a large number of property damages have occurred, and if to the brush, the brush further spread and the life and property of a large number of people cannot be complied with.

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