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(영문) 의정부지방법원 2015.01.06 2014고합239
일반물건방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

A portable gater (No. 1) seized shall be forfeited from the accused.

Reasons

Criminal facts

On July 14, 2014, at around 23:50, the Defendant: (a) was handed down in the vicinity of the reservoir and the park of the Egypta City, 432-ro, 29, the Egypta City, in the absence of the capacity to discern things or make decisions due to stimulative disorder; (b) the Defendant was able to fluor wastes by using a dog prepared in advance for the vehicle and the f0cc away from the f0cc away away from the f0cc away from the brupta.

As above, the Defendant continued to dump garbage from the place where garbage was burned up to about 5 meters, and reached the upper water inside the park of the reservoir located in the river located in the river located in the river located in the river located in the river located in the river located in the river located in the above mentioned above, the Defendant laid the waste out to the lower water, which is an unclaimed thing

Accordingly, the defendant destroyed the object by setting fire, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Seized articles, photographs and on-site photographs;

1. Investigation report (for a suspect A a report on trends and site conditions after fire extinguishment);

1. Application of the existing Acts and subordinate statutes of one portable gater (No. 1) seized;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for statutory mitigation (a person with a mental disability caused by stimulative disorder);

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

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types), fire prevention, general standards, three types (general goods and fire prevention): Reduction elements (non-liability of the person in question) of mental or physical illness (non-liability of the person in question): Reduction areas (the scope of recommending areas and recommendations), mitigation areas, six months to one year;

3. Determination of sentence: The crime of this case in October is committed by the defendant for minor reasons by attaching a fire to the vehicle near the parked vehicle in succession, etc., and the crime of this case is committed in such a way that large-scale damage could have been caused by a fire.

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