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(영문) 서울북부지방법원 2016.12.16 2016고합465
일반물건방화
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2016, at 22:55, the Defendant: (a) opened a master book attached to the scraper at the 365 nosep in the 209 YY 365 nose, the Seongbuk-gu Seoul Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju District Office, without any justifiable reason, and (b) used the master book (No. 1) to attach fire to the above master book, thereby causing public danger by setting fire to the market price of the master book owned by the above head of the Nonghyup Bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Images of posters taken by the defendant by fire and images of CCTV images taken by the defendant;

1. Statement of the result of fingerprint appraisal at the scene of crime;

1. Application of the existing Acts and subordinate statutes of one seized Rater (No. 1);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Reduction elements of types 3 (General Goods and Fire Prevention): Reduction area in cases where actual damage is minor (the scope of recommending punishment), reduction area in cases where actual damage is minor (the scope of recommending punishment), six months in imprisonment to one year; and

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years, the crime of this case may lead to a large amount of fire that may cause substantial loss of human life and property that may be moved to another article or building.

However, the fact that the defendant recognized the crime of this case and reflects the fact that the crime of this case was committed by the crime of this case is only one master book, and thus, the damage is minor, and the fact that the defendant has no record of criminal punishment other than the punishment imposed once by the fine of 30 years prior to the punishment is considered as favorable to the defendant.

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