logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.10.05 2017고합435
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On September 29, 2017, at around 21:05, the Defendant lent a telephone system to the nearby entitator in Dongdaemun-gu Seoul Metropolitan Government Ba Apartment apartment, but on the ground that the Defendant refused it, the Defendant caused the occurrence of public danger by setting fire by putting part of his clothes and events by using a one-time camera that he was holding in the bench with clothes, shoess, etc. which he had kept on the bench.

Summary of Evidence

1. Part of a protocol concerning the suspect interrogation of the defendant;

1. Application of two Acts and subordinate statutes to two copies of the report on seizure (voluntary submission), list of seizure, report on investigation (Attachment to site photographs), report on investigation (to hear statements by a witness at the site), and report on 112;

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

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

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

2. Six months to one year (the area of mitigation where actual damage is insignificant) from the scope of punishment recommended according to the sentencing criteria; and

3. The crime of this case committed in six months of imprisonment with prison labor for the sentence was committed by the Defendant by borrowing a cell phone from the Defendant, but it was rejected, and thus, the crime of this case is highly likely to undermine the public safety and peace and cause serious damage to the lives, bodies or property of a large number of people.

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

However, the degree of actual damage caused by the rash early extinguishment of the crime is relatively not more severe, and favorable circumstances, such as the fact that the defendant has no record of criminal punishment, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., shall be determined by taking into account the various circumstances shown in the arguments of this case, including the defendant's age, sex, environment, family relationship, motive and consequence of the crime

arrow