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(영문) 수원지방법원 안양지원 2014.08.22 2014고합130
일반물건방화등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fire prevention of general goods;

A. At around 02:00 on September 27, 2013, the Defendant found the Victim AA’s fingers that were set up on the street in front of the Yeongdeungpo-gu Seoul Metropolitan City Z, and sought to extinguish the Victim A’s own fire. On the ground that the Defendant: (a) posted a fire on the cover of the said fingers by using a one-time log in his possession; and (b) caused the fire to spread, thereby causing public danger.

B. On September 29, 2013, around 00:10 on September 29, 2013, the Defendant: (a) placed a fire on a disposable plastic package that was in possession of the instant plastic package covering the salt stuff in front of the said store for the same reasons as the preceding paragraph; and (b) caused public danger by setting the victim’s market price by setting fire and extinguishing the salt stuff at the market price owned by the victim.

2. On September 28, 2013, the Defendant: (a) around 23:40 on September 28, 2013, the victim AF located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) on the ground that he wanted to correct the Plaintiff’s own fire, the Defendant posted a disposable gate in front of the “AG” of the victim AF located in Yeongdeungpo-gu Seoul Metropolitan Government; and (c) caused the fire to spread to the victim’s market price, and destroyed the general structure, such as using food materials such as a string, water peep, and a tent for non-foresting, which is part of the structure, and allowing the entrance stack, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to AF, AA, and AC;

1. Fire reports, reports on results of field identification, and the application of Acts and subordinate statutes to appraisal reports;

1. Relevant Article 166 (1) of the Criminal Act (the occupation of general buildings and fire prevention) and Article 167 (1) of the Criminal Act (the occupation of general goods and fire prevention) of the criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the crime of arsoning general buildings, the largest punishment);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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