logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2014.07.18 2014고합105
일반자동차방화등
Text

A defendant shall be punished by imprisonment for one year.

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

1. At around 00:50 on April 7, 2014, the Defendant: (a) destroyed shocks by attaching fire to a dog in possession of strings, such as paper, etc., which was laid in front of Seodaemun-gu C’s house gate to the shock of the market price, to apply it to the fire, and caused the fire to spread to the wall, etc. of the gate of the said house.

Accordingly, the defendant destroyed a general object, which is a non-owned object by raising fire, and caused public danger to the housing and neighboring commercial buildings.

2. On April 12, 2014, at around 02:57, the Defendant fire a general automobile fire: (a) destroyed the fire of the said car, which is equivalent to KRW 110,000 won at the market price, by setting fire to a log in front of the D Building in Suwon-si, which was held to be applied to the lower end of waste, and by setting fire to the lower end of the vehicle, which is a E-owned vehicle parked immediately next to the waste, and having it spread off to the lower end of the vehicle, which was parked immediately adjacent to the waste.

Accordingly, the defendant destroyed the automobile owned by others by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against E (Evidence No. 1);

1. A G statement (Evidence No. 13);

1. Application of Acts and subordinate statutes to each photograph (Evidence Nos 2 and 12);

1. Relevant legal provisions concerning facts constituting an offense, Article 167(2) and (1) of the Criminal Act (the occupation of general goods and fire prevention, the choice of imprisonment), and Article 166(1) of the Criminal Act (the occupation of ordinary motor vehicle fire prevention);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the maximum term of the crimes above two crimes, which are heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for a period of one year to six years;

2. The sentencing criteria shall be set.

arrow