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(영문) 수원지방법원 평택지원 2014.06.11 2014고합51
일반자동차방화
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

On February 28, 2014, the Defendant: (a) around 05:28, around 05:28, at the street parking lot of Pyeongtaek-si 3 apartment complex 308, the Defendant destroyed the cargo vehicle by putting the victim D (53 years of age) ton of E 1 ton of E 1st of the victim, which was parked at that place, while removing the cargo by using the above cargo vehicle; and (b) having a log and a newspaper at home with a log and a newspaper with a fire on the newspaper; (c) loading of the said cargo vehicle; and (d) making the cargo loaded at that place; and (e) making the cargo loaded at that place; and (e) making the cargo loaded; and (e) making the cargo loaded.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of the written statements of D;

1. Statement of investigation report by the police and images (including accompanying photographs); and

1. A statement of an investigation report (including attached documents) prepared by the police;

1. Application of the Acts and subordinate statutes entering into the police records of seizure;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of punishment under law] 1 year to 15 years (where mitigation has been made, a decision of punishment ] Fire-fighting, general standards, types 2 (Setting fire to general buildings, etc.) - Reduction elements : Non-compliance with punishment [the scope of recommendation ] mitigation area, one year to 1 year [the period of suspension of execution] - major reasons for positive participation - Non-compliance with punishment - Unscheduled general participation factors - Unscheduled general participation reasons - Unscheduled general participation reasons - Unscheduled general participation reasons - Unscheduled participation reasons : Non-existence of social relation - Before suspension of execution or more times (decision of sentence ] 1 year under suspension of execution 2 years, the crime of this case was committed by setting fire to load the cargo owned by the victim on which the defendant was removed, etc. by setting fire-fighting, resulting in a serious danger of a fire.

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