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(영문) 의정부지방법원 고양지원 2017.06.23 2017고합67

현주건조물방화등

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

Reasons

Punishment of the crime

The Defendant is a person who worked in the “D” located in Soyang-gu Seoul Metropolitan City C.

On March 27, 2017, the Defendant received KRW 1,00,00 on the condition that the victim E and the wage problem of the said farm would be disputed, and that the said farm would cease to exist, and the Defendant’s Chok’s speech that the victim E would have paid the full amount of the Defendant’s wage, which the victim E would have been aware that the victim E would have paid the full amount of the Defendant’s wage, and that the victim E would be fireed to the said farm.

On March 27, 2017, at around 18:10 on March 27, 2017, the Defendant: (a) attached the cremation paper to the victim E’s container located on the said farm, which was then in possession of a flat, and was put on the victim E’s vinyl that was covered by the influence container and the container, and (b) had the victim E’s vinyl house located next to the said farm more than twice.

As a result, the Defendant: (a) destroyed the victim E by burning all of the containers of 15,00,000 won at the market price of the victim E used as a residence; and (b) destroyed the victim F’s greenhouse and farming instruments of 6,454,00 won at the market price of 6,454,00 won at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each investigation report (to hear statements from a victim by telephone);

1. Application of field photographs and written estimates for damage;

1. Article 164 (1) of the Criminal Act (the occupation of the current building and fire prevention) of the same Act concerning facts constituting an offense, and Article 166 (1) of the Criminal Act (the occupation of the general building and fire prevention);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a string building or building with heavier punishment shall be punished);

1. Selection of alternative abandonment of punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. Article 48(1)1 of the Criminal Act of confiscation No. 1.