logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.1.18.선고 2012고합993 판결
공용건조물방화
Cases

2012 Highest 993 Public Structures and Fire Prevention

Defendant

00 Demotion, Non-permanent

Residence Busan East-gu

Reference domicile Busan So-gu

Prosecutor

Regular notes (prosecutions) and Kim Gams (Trial)

Defense Counsel

Attorney Yoon Don-chul (Korean)

Imposition of Judgment

January 18, 2013

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. To order the defendant to provide community service for 80 hours.

One set (No. 1) for a time seized shall be confiscated.

Reasons

Criminal History Office

The Defendant was a temporary student who attended the first year of the department of study at ○ University, completed military service, and was living together in the office of 00-00 OO-dong 00 O-dong 00 O-dong 00 O-dong O-dong O-dong O-dong O-dong O-dong 00.

At around 21:00 on September 27, 2012, the Defendant: (a) laid a broom for cleaning at the Busan National University Library ○○○○○○○○○○ University on the same day; (b) laid down several strings on the first floor of the university student support center; and (c) laid down several strings on the wall of the aforementioned university in order to eliminate the aesthetic sense and pressure; and (d) laid down a 23:50 on the same day, the Defendant laid down a broom for cleaning at the above 23:0 on the wall of the above university; (b) laid down a 20th floor of the above student support center on the wall of the same day; and (c) laid down the 20th floor of the wall of the said university through a single-use bar (Evidence No. 1) with a broom with a broomus; and (d) laid down the 15th floor of the wall of the said university with a 20th floor fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against Kim 10, Kim 00

1. Details of expenses for fire restoration and a fire site survey report;

1. Application of Acts and subordinate statutes to a report on investigation (one-time photograph used for committing an offense);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 165 of the Criminal Act (Selection of Imprisonment for Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable circumstances considered in front and rear)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Measures to be taken into consideration before and after the year)

1. Social service order;

Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation;

The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Criminal Act was committed during the night by putting 150 persons on the books attached to the national university building, and setting fire to the building, causing considerable damage to 70,000 won, which is large and considerable damage to the public. Considering the fact that the nature of the crime was serious in light of the background, content and result of the crime, it is necessary to punish the corresponding severe punishment.

However, it appears that the Defendant committed the instant crime somewhat contingent due to no history of criminal punishment, mental stress during the examination life, and the amount of damage, compensation for considerable amount of damage, and agreement with the injured university is reached smoothly, the Defendant’s negligence is in depth against himself/herself, and it seems that there is a possibility of edification and improvement as the young age of 22 years old, the parent of the Defendant is also leading and protecting the Defendant, and the Defendant’s parents are also taking advantage of favorable circumstances, such as the Defendant’s personality and behavior, and the punishment is determined as ordered by the order, taking into account various sentencing conditions as indicated in the instant argument.

Judges

Chief Judge Park Jong-chul

Judge Maump

Judges Lee private-public;

arrow