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(영문) 부산지방법원 2016.05.26 2015고단7033
일반물건방화등
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

A. On August 16, 2015, at around 07:05, the Defendant: (a) ordered food to the victim D(53 years, south) of C in front of the “C” located in Busan Jin-gu, Busan; and (b) subsequently granted money to the owner of C (53 years, south) without money; (c) but (d) did not engage in food, the Defendant damaged the Defendant’s property by getting off the Defendant’s hand, who was parked in the above place at the market price of E (beber) No. 25,000 won at the 25,000 Sick.

B. In general, the Defendant, at the time and place of the above “A” list, posted a fire using a tag in the newspaper held by him/her, and used the newspaper to which the above attached was attached, thereby causing public danger by moving the fire to a third party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written estimate for an investigation report;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of damage to property, the choice of imprisonment with prison labor), and Article 167 (1) of the Criminal Act (the point of fire prevention of general property);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and punishment, the first crime (fire prevention) [the scope of recommended punishment] in the area of mitigation (six months to one year) [the person who has been specially mitigated] in the area of mitigation [the scope of recommended punishment] in the case where the punishment is not requested or considerable damage is recovered, the second crime (damage, etc.) in the area of mitigation (one month to six months), [the person who has been specially mitigated] in the area of mitigation (including a serious effort to recover damage), in the case where the punishment is not granted (including the case of special mitigation), or considerable damage is recovered, the final sentence scope in accordance with the majority punishment: the fact that the nature of the crime of the crime of this case, which was sentenced in June to six months to one year and three months, was inferior; however, the damage caused by the crime of this case is not significant.

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