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(영문) 인천지방법원 부천지원 2019.07.26 2019고합81

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

The defendant is between the victim B (n, 51 years of age) and the annual relationship.

1. Intrusion upon residence;

A. On July 2018, the Defendant: (a) did not contact the victim; (b) went to the house located in the father-si C 2nd floor in Bupyeong-si where the former husband was living with the former husband; and (c) went to the house through the main window.

B. around August 2018, the Defendant entered the above house through the main window for the same reason.

Accordingly, the defendant intrudes upon another person's residence two times.

2. At around 02:00 on January 1, 2019, the Defendant: (a) laid a studio D main room E in Seocheon-si, Seocheon-si, on the ground that the victim saw another male; (b) laid away the studio; (c) brought food milk in the kitchen; and (d) put it back to the clothes of the kitchen located on the ground that the studio was frighted by the victim; and (d) laid down water from the string of the stud. However, the Defendant laid down the string of the string.

Accordingly, the defendant was trying to fire a structure used as a residence by setting fire to and from a person.

3. At around 09:00 on March 4, 2019, the Defendant detained the victim for about one hour by: (a) having been under the influence of alcohol in FF Loans G from the victim, the Defendant: (b) prevented the victim from leaving the victim out of the victim by storing the victim’s new hair, cutting the victim’s cell phone, cutting the victim’s body, keeping the victim out of the victim’s body; and (c) preventing the victim from leaving the victim out of the facility.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to B

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 174 and 164 (1) of the Criminal Act that prescribes the choice of punishment (the point of attempted crime, the choice of limited imprisonment), Article 276 (1) of the Criminal Act (the point of confinement, the choice of imprisonment), Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;