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(영문) 광주지방법원 장흥지원 2015.03.31 2015고합3
일반물건방화등
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

1. On September 2014, 2014, the Defendant disposed of one plastic water tank at the victim E-owned market value of approximately KRW 300,000,00,000 to another person without the victim’s permission, which was located at the victim E, located at the seat of the police officer located at the seat of the police officer located at the Da. D

Accordingly, the defendant stolen the victim's property.

2. At around 11:20 on December 15, 2014, the Defendant: (a) discovered that the victim F was released from an empty container adjacent to the above D, a recycled plastic PET disease, cans, etc.; and (b) caused public danger by setting fire to recycled goods owned by the victim by using a log for the reason that the victim did not store wastes; and (c) setting fire to recycled goods the market price of which cannot be identified on the victim’s ownership by attaching fire to the said recycled goods.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the E, G, and F;

1. Each police report;

1. Each police report;

1. Other closure photographs of each CCTV image;

1. Application of CCTV image-related Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, and Article 167 (1) of the Criminal Act (the occupation of general goods and fire prevention);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the crime of arsoning general goods heavier than punishment);

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 in the holding [Extent of recommending punishment] and the mitigated area (4 months to 10 months) (special mitigation) of the mitigated area (4 months to 10 months) of general property is not subject to punishment;

B. The general criteria for the type 3 (General Goods Fire Prevention) and the special mitigation area (3 to 1 year) (special mitigation area) of the No. 2 (in fact, the scope of recommendation) in the holding.

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