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(영문) 서울서부지방법원 2020.01.10 2019고단3395

현주건조물방화예비등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the victim B (n, 66 years of age) and the husband and wife.

1. At around 17:00 on September 14, 2019, the current owner building and fire reserve Defendant 1, at the home of the Defendant and the victim under Mapo-gu Seoul Mapo-gu Seoul Mapo-gu, and at the home of the victim, 17:0 saws by fraud E and in depth.

In the case of Siviri, E, while burriers and those kept below the house level, tried to attach a burrier from the burrith to the floor of the school, and to attach a burrier with a burrier for the next time after rootsing the burrier from the burrith to the floor of the school. However, the purport was not found.

Accordingly, the defendant was prepared for the purpose of setting fire to a structure used as a residence by the victim.

2. Around 14, 18:00 on September 14, 2019, the Defendant destroyed special property by putting the width over the place of residence, and friend F, victim B, or a dangerous object, which had been in a way to visit the market price of the victim’s ownership by using the network, which was in a way to prevent the victim from visiting the market price, television, ethiculties, ethiculties, windows, windows, and line winding.

Summary of Evidence

1. Defendant's legal statement;

1. B and written statements prepared in the F;

1. Each protocol of seizure;

1. Investigation report (or tools used by a suspect for committing a crime);

1. Application of the photographic Acts and subordinate statutes;

1. The main sentence of Article 175 of the Criminal Act, Article 164 (1) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Punishment) (Special Destruction and Damage [Type 1] Cumulative Offense and Special Destruction and Damage [Special Destruction and Damage] (Special Destruction and Damage): Reduction element of Punishment: Non-Mitigation of Punishment [Recommendation Area and Recommendation Scope] Reduction Area, Imprisonment with labor for one month to eight months;

(b) Second crime (crimes that have not been established in the current main building and fire reserve and sentencing criteria);

(c) Scope of recommendations according to the standards for handling multiple crimes: One month of imprisonment;