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(영문) 대구지방법원 2017.05.12 2017고합107
일반건조물방화등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 29, 2017, at around 10:00, the Defendant discovered 1 handcles equivalent to 200,000 won at the market price of the victim’s possession owned by the victim set up and left by the victim C, in front of the house of the victim D located in Yongcheon-si, Youngcheon-si.

2. On March 19, 2017, the Defendant of general structure fire prevention around 20:15: (a) attached the front cover of the “G” operated by Yongcheon-si E located in Yongcheon-si, to the front cover of the “G,” the front cover of the newspaper site in which the Defendant was in possession and the cover of the log to the front cover of the newspaper site.

Therefore, about 4 square meters of this non-breadth was transferred to the upper part of the side of the 4th square.

Accordingly, the defendant set fire to a building used as a store and destroyed it.

3. On March 19, 2017, the Defendant: (a) discovered that a newspaper was located in a bicycle storage center located in Youngcheon-si, 20:54, the 'Ysan-dong community service center 9' located in Youngcheon-si, 2017; (b) attached 3 bicycles and bicycle storage units that were set up adjacent to the knife in front and were in possession; and (c) moved 3 bicycles and bicycle storage units that were set up adjacent to the knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, H, and D;

1. Each investigation report (the sequence 5, 6, 8, 10, 17 of the evidence list);

1. Application of Acts and subordinate statutes of each report on internal investigation (the No. 12,14 of the evidence list);

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act that choose the punishment (absent point, a punishment by imprisonment), Article 166 (1) of the Criminal Act (absent point of general building fire prevention) and Article 167 (1) of the Criminal Act (absent point of general property) of the Criminal Act;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against general buildings, the punishment of which is the largest, shall be aggravated);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for a period of one year to two years;

2. Application of the sentencing criteria;

(a) Category 1:

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