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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 4, 2012, at around 20:25, the Defendant thief, while drinking alcohol in E-cafeteria operated by the victim D in South-Namnam-gun, Namnam-gun, the Defendant cut off one of 1.5 liter diseaseed by 1.5 liter, which was the victim’s market value, and was in storage in the above restaurant, in a retaliation against the tabing of the insulting horses from G, a female employee in the near future, on the new wall of the day.
2. On December 4, 2012, at around 20:30, the Defendant entered 20:30 on the second floor of the third floor building of the victim I who was in the Namnam Navy H, which was the victim I, with the same as paragraph (1) and 2:3: (a) was prepared in advance to spread the gasoline, which was caused by a theft, into the lower part of the lower part of the lower part of the lower part of the lower part, with a fire on the part of the lower part of the lower part, and had the 2,3th floor of the building via the instant multi-section floor and the wall.
Accordingly, the Defendant destroyed part of 3 floors with 200 million won of the market price owned by 11 victims, such as victims and tenants, and the third floor with 200 million won of the building (a building area of 158.4 square meters).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning J, K, I, D, and L;
1. On-site photographs;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant provisions of the Criminal Act and Article 164 (1) of the Criminal Act (the occupation of the present main building and fire prevention, the choice of limited imprisonment), and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment with prison labor);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment heavier than the punishment (limited to the sum of the long-term punishments in each of the above crimes)];
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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. The scope of applicable sentences: Imprisonment for one year and six months to eighteen years;
2. Application of the sentencing criteria;
A. Theft (decision of type of larceny).