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(영문) 서울동부지방법원 2019.10.18 2019고합279
일반물건방화
Text

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

Based on facts acknowledged by the pleading of this case, the facts charged were partially revised to the extent that the defendant's right of defense is not infringed.

On June 9, 2019, at around 05:08, the Defendant destroyed the Defendant by setting fire to the string signboard set up in front of the Seoul Special Metropolitan City Gwangjin-gu, the victim C, which was set up in front of the victim C.

Accordingly, the defendant destroyed another person's property and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of a incombustible carbon-proof signboard;

1. Photographs of the scene of crime;

1. Application of the video CD-related Acts and subordinate statutes to crimes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment [the category 3] general goods and fire prevention [the special sentencing person] elements of mitigation: in the event that actual damage is minor, the amount of punishment and the amount of punishment [the range of the recommended punishment] special mitigation range, three to one year [ the range of the recommended punishment corrected according to the sentencing guidelines] sentenced to six months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range under the law is inconsistent with the applicable sentencing range).

3. Determination of sentence: The instant crime committed for 10 months in imprisonment and 2 years in suspended sentence is a serious crime that may cause serious loss of human life and property damage due to a large fire.

The defendant has already been convicted of a general crime and has committed the crime of this case again during the suspension period, and there are several criminal records, such as bodily injury and assault, which require strict punishment.

However, the crime of this case is committed.

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