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(영문) 울산지방법원 2020.05.29 2020고합14
일반물건방화
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

The Defendant is a resident of B in Yangsan-si, the victim C (the 60-year-old) is the owner of the building D and the third floor above ground located adjacent to the Defendant’s residence, and the victim E (the 37-year-old) is a person who operates the F cafeteria from the first floor above the above building.

On August 25, 2019, the Defendant: (a) around 02:45 on August 25, 2019, when parking was not possible due to the victim E’s commercialization; (b) attached a fire to the business opening exchange located on the outer wall of the said F cafeteria; and (c) attached it to the outer wall, external signboard, or LED signboard; and (d) allowed the repair cost in the amount to be paid.

Accordingly, the defendant destroyed an object owned by another person and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. On-site identification reports and on-site photographs;

1. A report on internal investigation (to attach CCTV images around the scene), CCTV for committing a crime;

1. Application of the written estimate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the range of punishment [the range of punishment] general goods and fire prevention [the category 3] general goods and fire prevention [the person in special form] - where punishment is not granted or considerable damage is recovered [the scope of recommendation area and recommendation range] mitigation area, imprisonment with prison labor for six months to one year [the general person in general] mitigation element: - where serious reflectness, serious effort is made for recovery of damage - where a large number of victims are likely to occur or cause serious damage (the grounds for suspension of execution of sentence] - Where punishment is not granted or considerable damage is recovered, the grounds for suspension of execution is clear, serious reflect, or higher than suspension of execution.

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