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(영문) 수원지방법원 안산지원 2018.04.20 2017고합68
일반자동차방화
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On January 30, 2017, the Defendant found the victim C, who was living separately from his wife on January 30, 2017, and had a telephone conversation with the victim, while the victim had a telephone conversation with another male.

In doubt of doubt and dispute, after lending the vehicle to the victim, the vehicle was leased to the victim, and the vehicle was parked in the G oil station located in F in F around 04:30 on the same day after driving the vehicle with the key to the Epote vehicle owned by the victim due to the house of the victim located in D in the Hasan-si, and driving it on the vehicle parked in G oil station located in F on the same day. In addition, gasoline is deducted from the fuel tank of the above vehicle.

In plastic bottles, the car was spread inside the car, and the car was destroyed by attaching fire to the inside of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A fire case investigation report;

1. Application of each statute on photographs;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. The scope of the recommended punishment according to the sentencing criteria [the types of decisions] and the general criteria for fire prevention (Setting fire to general buildings, etc.) [the scope of the recommended punishment] types of two (person subject to special mitigation] punishment, and one year to two years (the area of mitigated punishment).

3. As to the crime of this case in which the defendant committed the crime of this case, setting fire to the victim's car on the road used by the public, the crime of this case is deemed to be less vulnerable to the danger of public safety and peace.

shall not be deemed to exist.

However, the fact that the defendant led to the crime of this case and reflects his mistake, that the vehicle owned by the victim did not cause harm to human life or property other than the fire, and that the victim does not want to be punished against the defendant.

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