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(영문) 대전지방법원 2018.05.24 2017고합284
공용건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2017, the Defendant was going on a 54-ro 42-ro, Seoul Special Metropolitan City, Seo-gu, Daejeon, Seo-gu, Daejeon on June 17, 2017, and the Defendant was sitting in order to avoid expenses from sperm installed on the Ovise's river. On the same day, on the same day, the Defendant was able to gather a flusium, etc. around the sperm and put a flusium, etc. on the top of the flusium and a flusium in the vicinity of the said sperm. At around 18:23 on the same day, the Defendant was flusium and a flusium in the top of the flusium of the flusium material in a flusium.

As a result, the defendant set fire to make the amount of restoration cost of 264,000 won on the sperm, which is a building for public use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning internal investigation reports, field photographs, and estimates;

1. Relevant Article of the Criminal Act and Article 165 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. According to the protection observation, medical treatment order, and community service order Article 62-2 of the Criminal Act, Article 2-3 subparag. 2, and Article 44-2 of the Medical Care, Care, Custody, etc. Act (the medical records and nursing records submitted by the Defendant), the reason for sentencing on the punishment of a person with a habiting habiting alcohol to undergo medical treatment. In light of the details and contents of the instant crime, Defendant’s criminal records, etc., the risk of recidivism is recognized if the Defendant did not undergo the above medical treatment)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Where actual damage is minor, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria (the scope of the recommended punishment] shall be general standards, and the area of special mitigation (the period between September and three years) (the special mitigation person) shall be limited to the category 1 (the prevention of fire, such as the suspender building, the public structure, etc.).

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