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A defendant shall be punished by imprisonment for not more than ten 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
[2019Gohap181] On October 14, 2019, the Defendant: (a) on the front day of the Victim C’s house located in Gunsan-si B around 13:50 on October 14, 2019, the Defendant: (b) on the ground that the victim of ordinary level was not aware of the waste timber for fire reduction and paper stuffs, etc. on the front day of his house; (c) on the ground that he did not want to store the waste timber for fire reduction and paper stuffs, etc.; and (d) on the part of his house, the Defendant destroyed the waste timber for fire reduction and paper stuffs, etc. on the part of the victim’s owner, which was accumulated in the relevant place, by putting
Accordingly, the defendant destroyed the object by setting fire, thereby causing public danger.
[2019 Highest 183] On October 14, 2019, the Defendant repeatedly parked a motor vehicle with approximately 5 meters of alcohol level 0.135% under the influence of alcohol level on the front garden near the DF in Gunsan-si, Masan-si.
Summary of Evidence
[2019Gohap181]
1. Defendant's legal statement;
1. Statement to C by the police;
1. Photographs, such as the site, and a fire site inspection report (2019, 183);
1. Defendant's legal statement;
1. Report on the situation of a driving under the influence of alcohol, report on the situation of a driving under the influence of alcohol, report on the control of a driving under the influence of alcohol, and inquiry into the results of the
1. On-site photographs and photographs of the results of a drinking measuring instrument;
1. Application of Acts and subordinate statutes to each investigation report (the No. 13, 14 of the evidence list);
1. Relevant Article of the Criminal Act, Article 167 (1) of the Criminal Act (the point of general fire prevention), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope that the punishment is added up the long-term punishment for the crime of arsoning general goods with heavy penalty)
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Article 62 (1) of the Criminal Act on the suspension of execution (hereinafter referred to as "aggravated consideration of the favorable reasons for both punishment");
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of applicable sentences under law: Six to six years of imprisonment;
2. The scope of recommendations according to the sentencing criteria; and