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(영문) 대구지방법원 영덕지원 2016.01.14 2015고합22
일반물건방화
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a club, etc. in the vicinity of the “D” located in G, Chungcheongnam-do, Chungcheongnam-do.

On September 22, 2015, the Defendant created a situation where approximately 2.5 liters prepared in advance at the construction site to cause interference with the business of the said business site operated by himself due to the said revolving intersections at the construction site, and caused danger to the public by setting fire to five adjacent diplomatic missions (200 meters in diameter) owned by the victim E (200 meters in diameter) with a fluor, fluoring a fire at the said construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to the list of 112 reported cases), a report on investigation (Attachment to a written estimate of damage), a report on the results of field identification, and a report on investigation (Attachment to a photograph of a site photograph and a CCTV for crime prevention).

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that an injured person under an agreement with the injured person does not want the punishment of the accused, and that the accused is divided and reflected in the crime);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of punishment [the determination of types] 3 types (the prevention of general goods) and 3 types of punishment (the person subject to special sentencing] on the general basis of the sentencing guidelines: the mitigated elements [the scope of punishment]: the area of mitigation, six months of imprisonment or more [the person subject to general sentencing] year from 6 months to 1 year (the person subject to suspended sentence] that there are no aggravated factors: The strong reflective factors (the grounds for suspended sentence] that there are no significant negative factors: A major affirmative reason that there is no general negative reason that there is no serious reflective reason: A serious reflective reason that there is no general negative reason:

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years, observation of protection, and community service order for 80 hours, the crime of this case shall be multiple defendants.

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