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(영문) 청주지방법원 충주지원 2015.12.10 2015고합32

현주건조물방화미수등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 11:00 on June 12, 2015, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc., resulting in bodily injury): (a) suspicion that the victim D (the spouse of the Defendant) who is the Defendant’s spouse, was living in the inner bank located in Chungcheong-gun, Chungcheongnam-gun, 101 Dong 1106, the Defendant’s house, and was living in the inner bank; (b) in the course of a dispute, the Victim D (the age of 42) was living in the inner bank; (c) was in the course of a dispute; and (d) was in the course of a collision with the victim’s body; and (d) was in the course of keeping the victim’s body in the kitchen, which was kept in the kitchen (total length: 30cm; 18cm in a blade); and (e) was in the course of a serious weapon, the victim’s knife and the knife, etc. one time in needing treatment for about 14 days.

2. The Defendant causing property damage, at the time and place set forth in paragraph (1), destroyed a gallon road 3 mobile phones in an amount of about 800,000 won, which had been continuously used by the victim, by cutting off 3 mobile phones owned by the victim and destroying them on the gallon floor, and then damaged the victim’s and the Defendant’s joint ownership market price of at least 10,000 won.

3. On the date, time, at the place specified in paragraph (1), the Defendant: (a) stated in the instant paragraph (1), the victim stated that “the victim would not do so; (b)”; and (c) carried a postal item kept in custody in the indoor mail, and carried it on a stringer who was in possession; and (d) tried to store the structure used for residence by the Defendant and the victim; (b) however, the Defendant did not go to the wind that the said postal item, which the victim was unsatisfed, would bring about to the kitchen and bring the said item to the kitchen, and did not go to the attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act concerning the crime, Article 257(1) of the Criminal Act, and each Criminal Act concerning the punishment of a deadly weapon;