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(영문) 춘천지방법원 2020.09.04 2020고합72
일반물건방화
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

The Defendant, at around 19:00 on April 29, 2020, transferred to the “Sa forest No. 2 Park,” which was located 16, 16, Yacheon-ro, Yacheon-ro, Yacheon-ro, Yacheon-ro, 16, Yacheon-ro, 16, the Defendant, and then went to the friend and frien in a park, and the Defendant, when the Defendant was married to the sake in the park and fried to the sake, determined the victim as “Sacheon-ro,” but the Prosecutor, who was the subject of the rights and obligations, got to the sacheon-ro.

Around 6 square meters of fire owned by the victim was destroyed by attaching fire to wood and turdy, which is owned by the owner, so as to cause public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on photographs of the site, records of statement of damage, estimates, confirmation of CCTV images for crime prevention at the site, and leakage of CCTV images for crime prevention at the site;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One year to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the determination of a type] the general criteria [the category 3] there is no general goods or fire prevention [the scope of the recommended punishment] [the scope of the recommended punishment and the special person] basic area, the imprisonment from October to two years [ the scope of the recommended punishment modified according to the applicable sentencing] from one year to two years (the lowest limit of the applicable sentencing in law is applicable in cases where the lowest limit of the sentencing range recommended by the sentencing criteria is inconsistent with the statutory applicable sentencing criteria, and thus the minimum of the applicable sentencing range is set according to the law).

3. The sentence shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions under Article 51 of the Criminal Act:

Unfavorable circumstances: The defendant put a fire on trees in the park and brought a danger to the public.

In that it could lead to a significant damage, the nature of the crime is not easy.

The favorable circumstances: The defendant is against his or her will to recognize his or her mistake.

(2) the actual damage.

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