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(영문) 인천지방법원 부천지원 2018.12.28 2018고합212
일반물건방화등
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

The defendant is a person who collects and lives the stolen.

1. On July 10, 2018, at around 02:54, Kimpo-si, Kimpo-si, Kimpo-si, 813 sidewalks, the Defendant observed the handets for collecting secondhand water at C in competition with the collection of secondhand water, and attached a fire to the strike in which the said handets were loaded together with the said handets by using a log, and caused a part of the street trees to be cut off by putting them down on the bedclothess, clothing, heavy and used straw, and electric scam, etc., which were loaded together with the handets, and by spreading them around.

Accordingly, the defendant destroyed the object by setting fire, thereby causing public danger.

2. On July 18, 2018, the Defendant entered a convenience store in front of the E convenience store located in Kimpo-si, Kimpo-si, Kimpo-si, to purchase beer, and set up a table on the table, and carried a 6 mobilephone owned by the Victim F.

Accordingly, the defendant stolen the above victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A statement of victim of the F;

1. 112 Reported case lists and investigation reports (on-site conditions);

1. Application of the Acts and subordinate statutes to fire site photographs, fire-proof site photographs, CCTV image data for crime prevention before and after crimes of fire-fighting of general goods, private CCTV image data (G), On-the-spot photographs, and victim photographs submitted voluntarily;

1. Relevant legal provisions of the Criminal Act, Article 167(1) of the Criminal Act (the prevention of fire to general goods) and Article 329 of the Criminal Act (the purpose of Section 1 and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crime of arson of general goods heavier than the punishment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentence of a punishment by law;

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