현주건조물방화미수등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is the owner of the 1st and third floor underground in Eunpyeong-gu Seoul Metropolitan Government, and the Defendant was dissatisfied with the complaint on the ground that the victim E operating the “D” entertainment bars by leasing the above building underground and avoiding contact without paying the monthly rent of the 6th month.
1. Around 03:00 on July 6, 2012, the Defendant: (a) found the instant “D” entertainment tavern; (b) saw the Defendant as “F,” who is an employee, made noise; (c) opened a school room No. 3 of the said main week; and (d) destroyed the Defendant’s articles owned by the victim, such as cutting off the tables, breaking the glass, etc. on the part of the victim’s head, and cutting off the tables.
2. From 03:00 to 04:20 on the same day, the Defendant interfered with the operation of the victim E’s main shop by force, such as: (a) by intentionally operating a fire alarm device at the place above 1 hour and 20 minutes; (b) by entering a room No. 1 of the above main shop; and (c) by inserting a stove under the table table, the Defendant interfered with the operation of the victim E’s main shop by force.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness F;
1. Application of statutes on site photographs;
1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (a point of interference with business and choice of imprisonment) that apply to criminal facts;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis.
3. As stated in the reasoning of sentencing of Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), the defendant who has damaged the victim's property and obstructed the main business is inevitable to be punished corresponding to the act. However, although the defendant was unable to pay monthly complaints to the victim who did not pay monthly taxes, the date and time of the decision in which the defendant was against the victim.