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(영문) 서울남부지방법원 2017.04.20 2016고합614
일반자동차방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 6, 2016, at around 12:30 on the roads of the Namdong-gu Incheon Metropolitan City, D convenience stores, and on the roads of the E, for the reason that the Defendant was unable to leave the office of human resources without the horses, and caused the Defendant to fire the E’s vehicle.

After attaching a fluoral fluor, the Defendant was placed in a nearby fluor, and was placed in a near the above convenience store.

E In order to extinguish the bottoms of the car by means of cutting down the car above the bottom of the car and setting fire to the bottom of the car, etc., it shall be deducted from the bottom of the car due to the kind of people around the world.

There was no attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. E statements;

1. On-site photographs of damaged vehicles and cases;

1. The application of Acts and subordinate statutes to investigative reports (to hear statements made by victims and reports), investigation reports (to hear statements made by shots and reports);

1. Articles 174 and 166 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act for the observation of protection and community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. Whether or not to apply the sentencing criteria: since it is an unregistered crime, the sentencing criteria shall not be applied; and

3. Determination of sentence: One year of imprisonment, three years of suspended execution: The defendant was merely in a fire that could cause a large fire by attaching a fire to a motor vehicle of the same fee on the ground that the defendant was in a fire, the circumstances favorable to the defendant in the crime of this case despite the record of the same kind of punishment: the defendant recognized the crime of this case and reflects the mistake; the fire attached to a brupt is sufficiently advanced before being transferred to a vehicle; the damage suffered by E, an owner of a vehicle, is not significant.

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