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(영문) 부산지방법원 서부지원 2018.12.06 2018고합204
일반물건방화등
Text

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

Reasons

Punishment of the crime

[criminal history] On August 24, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court Branch Branch of the Busan District Court, on December 20, 2017, and on April 22, 2018, the Defendant completed the execution of the sentence at a prison on April 22, 2018.

[Criminal facts]

1. On September 15, 2018, the Defendant: (a) around 21:50 on September 15, 2018, the Defendant: (b) committed theft on the market value, where the victim with no name, was parked in B, leading only one motor vehicle.

2. On September 15, 2018, the Defendant: (a) around September 21:5, 2018, at the front road of “D” located in Busan Shodong-gu, Busan; (b) the Defendant, by linking an excursion ship ship with the ship, was suffering from the sea-to-land starting in the Oto-land, which was stolen; (c) but, at the same time, the Defendant went to rest in the land within the oto-be burial.

Then, after the fire, the Oral Ba was destroyed by putting it above the rest and attaching it as a single-use straw with a usual string.

Accordingly, the defendant set fire to the property owned by others, thereby causing public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure;

1. A report on the occurrence of a fire;

1. A report on internal investigation (in cases of attaching photographs to the scene of occurrence);

1. Report on internal investigation (booms analysis and internal investigation, etc.);

1. Investigation report (investigation into the owner of the Obane);

1. Previous convictions: References to inquiries, results of the search of prisoners, application of Acts and subordinate statutes to report criminal investigations (Attachment to the same type of previous convictions and judgments);

1. Relevant legal provisions of the Criminal Act, Article 167(1) of the Criminal Act (the prevention of fire to general goods) and Article 329 of the Criminal Act (the purpose of Section 1 and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crime of arson of general goods heavier than the punishment);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. The scope of punishment recommended on the sentencing criteria; and

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