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(영문) 서울북부지방법원 2018.09.21 2018고합232
일반물건방화
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

Criminal facts

On March 8, 2018, the Defendant, at around 22:21, 2018, carried out a re-game in the D Gameland located in Dongdaemun-gu Seoul, with a lower amount of money from the D Gameland, and went out of the game site due to a locking so as not to be well-known game, and was found out of the corridor window, and was under stress, by setting fire by attaching a fire to the harmony managed by E with the passage of the corridor and causing flames and smokes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The “F” written as the author of the E evidence list No. 4 appears to be a clerical error in the E.

Written Statement

1. Report of investigation (to make a statement by telephone of the injured party for estimate of damage);

1. Application of Acts and subordinate statutes to the records of seizure (voluntary submission), list of seizure, and closure photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Six to five years in case of imprisonment with prison labor within the applicable range;

2. Six months to one year (the lowest limit in the special mitigation area is set at the lower limit in law because the actual damage is insignificant and the victim does not want to be punished) from the scope of the recommended punishment according to the sentencing criteria.

3. The crime of this case 6 months of imprisonment with prison labor for the decision of sentence, and 1 year of suspended execution is likely to put fire on a corridor in the game room on the ground that the defendant was under stress due to the game not being well in the game room, and such fire-prevention crime is likely to impair public safety and peace and cause serious damage to a large number of life, body, or property, and thus, social harm is very high.

Therefore, it is necessary to punish the defendant with severe punishment corresponding to his act and responsibility.

However, this case.

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