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(영문) 대전지방법원 2016.09.02 2016고합234

재물손괴등

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

1. On January 3, 2016, the Defendant: (a) around 04:35, the Defendant destroyed the said vehicle in order to repair cost KRW 700,000,000, by setting up a brupt cremation with fire on the part of the Erhppp vehicle beams owned by the victim, on the ground that the victim, before the house of the victim D (the age of 57), who was in Sejong City, brought the victim to be sleepd by a church music, etc. in the usual room; and (b) by cutting off the front entrance, door door, pans, etc. of the said vehicle with plastics.

2. On January 4, 2016, at around 12:30 on July 4, 2016, the Defendant, a general building fire, and the Defendant: (a) destroyed the said house with approximately KRW 3.280,000,00 by entering the house inside the house of the Defendant’s type G, which was located in Sejong City F, in order to make the Defendant intending to die while melting by using the butane gas soil; and (b) on the premise that he would have the Defendant intending to do so by making the water melt at the house of the Defendant’s type G, which was located in F, with the water melting so that it would be melted; and (c) on the other hand, she would put the said house

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation results reports, reports on fire, rescue and emergency situations, investigation reports (Attachment to fire site investigation reports), and investigation reports (to hear statements of victims);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 366 and 166 (1) of the Criminal Act (the point of causing damage to property and the choice of imprisonment) to determine the punishment for the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments stipulated in the general building and fire-prevention of heavier 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 consideration shall be made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. Legal provisions;