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(영문) 대전지방법원 2014.04.03 2013고합542
일반자동차방화
Text

A defendant shall be punished by imprisonment for one year.

except that 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 November 19, 2013, the Defendant, while making a gambling called “Stop” from D located in Daejeon-dong, Daejeon-gu, Daejeon, lost the money, and then refunded part of the money to E, but the Defendant was refused to pay it, and the Defendant was flicking on G 5 car, which is owned by E’s wife F, and operated by E.

On November 20, 2013, the Defendant: (a) posted six copies of a newspaper site in front of the Daejeon-dong, Daejeon-gu, Daejeon-gu, Daejeon-gu, in advance, to a paper box, and posted a newspaper site using a one-time newspaper; and (b) laid down the above paper box, which includes a newspaper with a fire, under which the above paper box was parked in that place, and destroyed the above car by setting the car under the supervision of the above vehicle, which is the victim F, the market price of KRW 7.9 million owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (report on the confirmation of market price of damaged goods);

1. Application of Acts and subordinate statutes to field photographs, fire site photographs, and CCTV important pages photographs;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Reasons for sentencing [the scope of sentence] under Article 62(1)(b) of the Criminal Act of the suspended sentence [the grounds for sentencing] (the general criteria for the decision of a sentence] from 1 year to 15 years [the decision of a sentence] under the general criteria for fire prevention of general buildings, etc. [the decision of a special sentencing] - [the decision of a sentencing area] mitigation area / [the decision of a recommendation area] 1 year to 2 years [the scope of a recommendation area] suspended sentence - Where the main reason for a suspended sentence is either positive or considerable damage: Where the reason for a suspended sentence is recovered: Where the defendant has no criminal record of a positive and contingent suspended sentence or higher damage: The defendant has been aged [the decision of a sentence] 2 years suspended sentence for one year to 1 year, who is highly likely to cause serious damage to human life, body, property, etc., and where the defendant committed the crime in this case.

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