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(영문) 대구지방법원 안동지원 2016.04.21 2016고합12
일반물건방화등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who damaged property was a woman-friendly Gu with a female-friendly Gu, having been living together in a 305 family room operated by the victim C who was permanently residing at around 02:30 on December 1, 2015, while having been living together in a 305 family room operated by the victim C.

For this reason, the victim's market value equivalent to 200,000 won owned by the victim was damaged by putting the consignee into her own disease.

2. In general, the accused of the fire-fighting of a general thing shall take the hedging of a female-friendly Gu at the time and place specified in paragraph (1);

For this reason, the fire was put to a chemical stop and the fire was put to a chemical stop, and the fire was put to a fluor, and the fire was destroyed by the fire to put the fire to a fluor, which caused public danger by setting the fire on the fluor of the fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. All on-site photographs;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment), and Article 167 (1) of the Criminal Act (the point of preventing general property) concerning criminal facts;

2. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment heavier than punishment (within the scope of the sum of the long-term punishments of the above two crimes)];

3. Article 53 and Article 55 (1) 3 of the Criminal Act (The following factors shall be considered in light of the circumstances favorable to the defendant among the reasons for sentencing):

4. Grounds for the suspended sentence under Article 62 (1) of the Criminal Act (the following grounds for sentencing have been repeatedly considered in favor of the defendant):

1. Imprisonment with prison labor for not less than six months but not more than six years and not more than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Fire-fighting crime of general goods (determination of type), general criteria, and type 3 (where a person commits a crime of fire-fighting of general goods) [Special sentencing factors] mitigation factors: In cases where punishment is not imposed or considerable damage is recovered, [the scope of recommended punishment] mitigation range, imprisonment with prison labor for not less than 6 months but not more than 1 year;

(b) Concurrent crimes: Crimes of destruction of property (a decision of type) and damage, general.

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