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(영문) 인천지방법원 2014.01.08 2013고합698
일반물건방화
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 18, 2013, the Defendant: around 14:30, the field located in Yeonsu-gu Incheon Metropolitan City C, set a fire to the garbage fluor located there, without any particular reason, on the ground that the fire was destroyed by setting the amount equivalent to KRW 115,00 in the market price of the bean and the compost fluor, which is an agricultural product owned by the victim D.

Accordingly, the defendant set fire to and burns general goods, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment] 6 months to 5 years [the scope of punishment ] Imprisonment 6 months to 6 years [the range of punishment ] 6 months to 1 year from 6 months to 1 year, and general standards 3 (General Goods and Fire Prevention). [Pronouncement Decision 8 months] imprisonment 8 months, probation 2 years fire prevention crime is very likely to cause damage to human life or property as soon as possible, and thus, the defendant's liability is not easy.

However, in light of the overall circumstances revealed in the arguments of this case, such as the fact that the defendant acknowledges his mistake and reflects in depth, the victim does not want the punishment of the defendant, and the damage is relatively insignificant because it does not spread to other locations, etc., the punishment shall be determined as ordered by taking into account the character, conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and the execution of the punishment shall be suspended.

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