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(영문) 창원지방법원 진주지원 2018.05.10 2018고합21
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

1. On December 20, 2017, the Defendant: (a) destroyed three banners equivalent to KRW 75,000 at the market price by attaching a banner to the gas rackers in possession, on December 20, 2017, in a Do-do located in the Southern-do, Southern-do; and (b) on December 20, 2017, in a south-do, where the Defendant was suffering from his street, etc. from his/her street, etc. on the side of the tennis of the University, the University’s publicity hall (50cm wide, 150cm long, 150cm long).

2. On December 21, 2017, the Defendant: (a) around December 21, 2017, the Defendant: (b) reported a banner for university publicity in South and North Korea, which was suffering from a street, etc. in front of the main branch of the university over the south Sea of the Republic of Korea on December 21, 2017; and (c) destroyed one banner equivalent to KRW 25,000 at the market price by the said method.

3. On December 22, 2017, the Defendant: (a) around December 22, 2017, and around 06:06:0 on December 22, 2017, the Defendant: (b) reported a banner for university publicity in South Korea, which was suffering from a street, etc.; and (c) destroyed one banner amounting to 25,000 won at the market price by the said method.

Accordingly, the defendant destroyed another person's property over three occasions and caused public danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made once by the police in relation to C;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs and images;

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in paragraph (1) of the hot holding of the largest punishment for concurrent crimes);

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. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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

1. Six months to seven years from the date of imprisonment with prison labor for a prison labor within the scope of applicable sentences under law; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a)each general crime of fire-prevention of general goods (a) shall be general standards for fire-prevention.

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