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(영문) 부산지방법원 2013.11.15 2013고합707
일반자동차방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 22, 2013, the Defendant: (a) around 02:40, the Busan Jin-gu, Busan, the Defendant: (b) performed cleaning while operating the parking lot in the vicinity; and (c) on the ground that the Defendant loaded the D Poter Cargo in the victim C owned by the victim parked in the area, the tree mound was accumulated, and thus, the Defendant laid down the fluor to the tree fluor, which is left on the road, by attaching the fluor to the tree fluor in loading the vehicle, and the fluor of the vehicle.

Accordingly, the Defendant destroyed a vehicle owned by the victim to have approximately KRW 640,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances required for the following reasons for sentencing):

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of recommended sentences according to the sentencing guidelines (determination of types), fire-fighting crimes, general standards, types 2 (Setting fire to general buildings, etc.) (where punishment is not imposed or considerable damage has been recovered) mitigation factors (where punishment is not imposed or considerable damage has been restored) (Scope of recommending punishment), mitigation areas (one year to 2 years of imprisonment);

3. Determination of sentence: One year (any person who is a general person) of imprisonment.

4. Criteria for the suspension of execution: The decision on the suspension of execution shall be made in consideration of the following factors (the grounds for the suspension of execution shall be considered as follows): positive (The grounds for the suspension of execution shall be considered as positive (the reasons for the refusal of punishment or the recovery of damage to a considerable part).

5. The reason for sentencing is that the defendant is highly likely to destroy a vehicle by attaching a fluor to a fluor, etc. on the cargo vehicle solely on the ground that the surrounding areas are inconsistent with, and thus, serious crimes are committed.

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