beta
(영문) 청주지방법원 제천지원 2016.06.24 2016고합9

현주건조물방화등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 23, 2015, the Defendant: (a) from around December 23, 2015, when the victim was living together in the same household with the victim from around 103-dong 601, the victim was living in the same household; (b) on March 12, 2016, at around 21:15, the Defendant demanded a divorce from the Defendant’s demand that the victim return to the house; (c) on the part of the victim’s house, he sent a door to the house located on the house with a gas rail located on the front door; and (d) on the wall, she put the door to the wall, flador, etc. of the influoring bank.

As a result, the Defendant destroyed a structure used as a residence by the victim and the Defendant to be approximately KRW 2,738,00,000.

2. In cases where a person who possesses explosives without permission intends to possess explosives, the Defendant without permission from the chief of the police station having jurisdiction over his/her domicile, despite having obtained permission, but from July 2015 to March 21, 2016, the Defendant possessed two explosives mars 200 (Considerationmmms) in the New Scirs, which were explosives acquired on the roads near the Dondondon-don Province in Ycheon-si from July 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Fire site survey records, on-site photographs, and seized objects photographs;

1. A written statement;

1. A certificate of all registered matters;

1. Application of the police seizure protocol statutes;

1. Article 164 (1) of the Criminal Act applicable to the facts constituting an offense (the occupation of the current building and fire prevention, the choice of imprisonment with prison labor), Article 70 (1) 2 and Article 12 (1) 3 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (the occupation of unauthorized possession of explosives, the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The Criminal Act, the suspension of execution;