beta
(영문) 서울남부지방법원 2018.04.09 2018고단600

재물손괴등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On February 7, 2018, the Defendant, on the ground that it is not known, had a mind to see the “E teahouse” operated by D in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On February 7, 2018, the Defendant was bound by using the back door of the teahousehouse on the first floor behind the above building.

1. Around 15:00 on February 7, 2018, the Defendant: (a) cut off the market price of imprison lines connected to the circuit camera, which are managed by the victim D (46 taxes) at the outer wall of the said C building, by an insular method.

Accordingly, the defendant damaged the property owned by the victim.

2. On February 15:10 on February 7, 2018, the Defendant: (a) purchased in advance at a nearby gas station on the first floor of the building underground as stated in paragraph (1) of this Article; and (b) made three parts of the above-mentioned structures flow out into the above establishment by having 7 marries (20 litress) such as purchase in advance at the nearby gas station; and (c) having three marries between the entrance and the floor.

Then, Defendant 1, along with the above D, laid tobacco butts on the front stairs of the entrance of the instant tea house (the age of 36) for the purpose of setting fire to the said tea house in which he had been operating the said tea house (the age of 36). Upon receiving a report from the victim, found the police officer called out upon the victim, left the beginning of the tobacco butts on the floor, and threatened him with a straw for the purpose of setting fire to the said tea house.

Accordingly, the defendant prepared the fire prevention of existing buildings.

Summary of Evidence

1. Each police statement made with respect to G and H;

1. Each statement of D and I;

1. An explanatory invoice (the result of a request for appraisal);

1. Application of the Acts and subordinate statutes on site photographs, CCTV images, and mobile phone images;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of damage to property, the choice of imprisonment), Articles 175 and 164 (1) of the Criminal Act (the point of preparation for fire-prevention of existing structures) concerning the facts constituting an offense;

1. In light of the facts and contents of the instant crime for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant was committed not only by simple fire prevention, but also by human life damage.