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(영문) 부산지방법원 2015.03.27 2012고합326
일반건조물방화
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

At around 06:35 on March 16, 2012, the Defendant: (a) purchased oil 5,000 won from a nearby gas station to a warehouse, and then moved oil into the floor and the wall of the above office used by the Defendant on the first floor and the fence of the above office used by the Defendant on a leased basis; (b) after drinking after drinking and drinking after drinking and drinking after drinking to the above office, and drinking after drinking to the mixed with drinking and drinking; and (c) purchased the oil 5,000 won from a nearby gas station to the oil tank; and (d) moved it to the floor and the wall of the above office used as a warehouse.

Accordingly, the defendant destroyed the general structure owned by the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of police seizure and list of seizure;

1. The application of Acts and subordinate statutes governing site appointment, temporary burial and requests for appraisal;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62(1) of the Criminal Act (hereinafter “the grounds for the suspended sentence”), which is favorable to the defendant, is considered as follows;

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act on Probation;

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

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the group of fire-fighting crimes, general standards, and the type 2 (Setting fire to general buildings, etc.) (special mitigation) where actual damage is insignificant (the scope of recommended sentences] 1 to 2 years (the area of mitigation);

3. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended execution, and the crime of this case in the probation order shall be that the defendant purchased oil in a planned way and burns the general structure owned by the victim by putting the same away from the warehouse of the office that he leased and used for the crime of this case, and the crime of this case shall not be punishable by the nature of the crime;

(b).

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