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(영문) 서울북부지방법원 2017.09.08 2017고합261
일반물건방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 10, 2017, the Defendant, at the “D” sports park located in Seongdong-gu Seoul Metropolitan Government on March 15:35, 2017, reported a shot pool, the river side of which was located in his/her river, and attached a shot pool to the said shot pool, attached the shot pool to approximately 200 square meters of the shot field and approximately 50 glus of the shot field, which are attached to the bicycle lane and the bicycle track.

Accordingly, the defendant caused public danger by setting fire to the unsatisfying and landscape of the city managed by the Sungdong-dong Park division.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (in cases of attaching on-site photographs);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. The scope of punishment by sentence: Imprisonment with prison labor for one year - ten years;

2. The scope of recommended sentences [the types of decisions] according to the sentencing criteria, the basic area of types 3 (Setting Fire Prevention of General Goods) (the territory of recommendations and the scope of punishment), the basic area of imprisonment, October - 2 years; and

3. Determination of sentence: One year of imprisonment and two years of stay of execution [unfavorable circumstances] The crime of this case is not likely to be committed by the defendant, without any particular reason, by extinguishing the fire on the detention pool of the river side in the park and allowing him to flow off on the walking channel and the nearest part of the river.

The above park has been used by many residents, and it could cause a big loss of human life due to the above defect.

As a result of the instant crime, the area of the instant dry field was adequate.

[ favorable circumstances] The Defendant recognized and reflected his criminal act.

The Defendant had no record of punishment in the Republic of Korea at the time of committing the instant crime.

In addition, the defendant's age, sex, environment, family relationship, motive and circumstances of each of the crimes of this case, and circumstances after the crime.

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