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(영문) 서울동부지방법원 2020.08.21 2020고합197
일반물건방화
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 28, 2020, the Defendant is a person who, around 21:50 on May 28, 2020, was accommodated as a customer of the victim C operation in Songpa-gu Seoul Metropolitan Government.

On May 29, 2020, the Defendant: (a) carried a body crinor in the above telecom, carried alcohol; (b) carried the crinor into the above telecom on May 29, 2020; (c) carried the wall crinor in a toilet without any justifiable reason, attached the wall crinor, shrin, shrin, etc. and destroyed the wall crinor, etc.; and (d) caused the Defendant to take part of the wall crinor of the toilet.

Accordingly, the defendant set fire to the general goods owned by the victim and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written statement;

1. The application of voluntary reports, internal investigation reports, internal investigation reports (the characteristics of the site and artificial exploitation of inflammable objects), field identification reports, and the application of Acts and subordinate statutes on the site photographs;

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

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. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] the general criteria [the type 3] general goods and fire prevention [the special person] - mitigated factors: Where punishment is not granted or considerable damage has been recovered, [the scope of recommendations and recommendations] mitigation area, six months to one year [the general person who is a person who is a person in a prison] mitigation area, six months of imprisonment, or one year (the general person who is a person in a prison] mitigation element: Serious reflect.

3. The risk and possibility of criticism are not small in that the crime of fire-prevention committed by the defendant who has been sentenced to punishment may cause a large amount of fire and cause large number of victims or large-scale property damage.

However, the Defendant appears to have committed the instant crime by contingency while drinking.

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