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(영문) 대전지방법원 홍성지원 2016.01.07 2015고합122
일반물건방화
Text

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

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

Reasons

Punishment of the crime

On November 1, 2015, the Defendant requested the victim to refund the actual expenses to the customer by having the victim contact with the customer without receiving the personal phone, at the E inn of the victim D operation E in Bocheon-si, 18:05 on November 1, 2015, 206, but the victim refused to do so by attaching a fire to the wall that had been covered on the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the case.

Accordingly, the defendant caused public danger by setting fire to be 500,000 won in total of the market price of the victim, which is the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to replys as a result of field photographs, reports on results of field identification, and fingerprints assessment at the scene of crime;

1. Article 167 (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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. Application of the sentencing criteria [types] general criteria for fire-fighting crimes: Class 3 (Setting Fire-Fighting of General Goods): Where punishment is not imposed or considerable damage is recovered (where the area of recommendation is determined and the scope of the recommended punishment is recovered), the area of mitigation (where the punishment is determined and the scope of the recommended punishment is determined and the amount of the punishment is recovered), six months to one year.

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years; the crime of this case was committed by the victim in the court room 206 in the inn where the victim operated by the defendant, and the victim rejected a request for refund of the actual cost, which caused the fire by attaching a fire to the wall located in the above room with a fire, such as a bitr, a bitr, a bitr, etc., and such fire-prevention crime is not only property damage but also human life.

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