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(영문) 수원지방법원 2019.01.31 2018고합592
일반물건방화
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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, one of his natives B, caused conflicts with the residents of Dong Dong Dong Dong Dong Dong Dong Dong Dong and the residents of Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong who had raised complaints to B, was under the influence of alcohol, and was able to express their complaints to the victims, including the victims, in the vicinity of the house of the victim C who is one of his residents.

At around 01:20 on August 14, 2018, the Defendant discovered the existence of a waste bag in an external boiler room located behind the collection of the said victim’s house located in Yongsan-si D, and used a disposable oil bag in advance, which was in possession of the said waste bag, by attaching fire to the said waste bag, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. B and written statements prepared in C;

1. Reports on internal investigation (Attachment of results of the identification at fire sites), investigation reports (written legal appraisal of the Korea Institute of Scientific Investigation and Investigation), investigation reports (to hear victim C telephone statements);

1. Application of statutes on site photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Six months to five years from the imprisonment with prison labor for a prison labor within the scope of applicable sentences under law; and

2. Application of the sentencing criteria [Determination of types] general criteria for fire prevention: In the event that actual damage is insignificant (a person with a special sentencing) (a person with a special sentencing], (a) 6 months to 1 years (a mitigation area).

3. The Defendant, who was sentenced, committed the instant crime with limited intent to commit the instant crime against the victim.

Considering that the Defendant’s fire-fighting goods were located near the boiler facilities of the victim, it is difficult to view that the risk of the act is low.

However, there is no criminal history except for the defendant who has been sentenced once to a fine, and the defendant suffers from chronic depression, and other character, character and environment of the defendant.

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