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(영문) 부산지방법원 서부지원 2019.05.16 2018고합292

일반물건방화등

Text

A defendant shall be punished by imprisonment for one year.

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 April 3, 2018, from around 01:47 to around 02:05, the Defendant: (a) intruded into the first floor of a multi-household house where the victim C residing in Busan-gu located in B; and (b) invaded on the rooftop of the said building through a parking lot; and (c) caused damage to the public by putting the market price of the said victim’s ownership connected to the kitchen of the said victim’s residence into approximately 30,000 won, which was connected to the kitchen of the said victim’s residence.

2. On April 3, 2018, at around 03:18, the Defendant: (a) intruded the said victim’s residence by getting up the wall of the building and reaching the rooftop of the said victim’s residence; (b) intrusion upon the said victim’s residence by going up to the rooftop of the said victim’s residence; (c) intrusion upon the said victim’s residence by going beyond the victim’s G’s residence building in Busan F on the same day; and (d) in around 03:20 on the same day, by going over the victim’s residence rooftop to the victim’s residence rooftop; and (d) then, at around 03:30 on the same day, damages the said victim’s residence by going over the victim’s residence rooftop; and (e) by going out the plastic water tank equivalent to KRW 200,000,000 at the market

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of C and G;

1. The results of inquiry about the response to the request for appraisal (the National Science Investigation Institute Busan Institute of Scientific Investigation) and the convict DNA personal information; and

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of related photographs and video CDs), investigation reports (as to the investigation of confirmations, such as the course of movement of a suspect A);

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence, choice of imprisonment), Article 167(1) of the Criminal Act (influence of general goods), Article 366 of the Criminal Act (influence of destruction and damage of property, choice of imprisonment) concerning criminal facts;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act (Aggravation of concurrent crimes with punishment prescribed for the crime of arsoning general goods, the largest punishment);

1. Article 62(1) of the Criminal Act of the Suspension of Execution is as follows;