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(영문) 서울남부지방법원 2016.08.19 2016고합320

일반물건방화등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Fire prevention of general goods;

A. On February 13, 2016, the Defendant: (a) used a portable horse in front of a singing room located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) destroyed a fire by attaching it to a wind line signboard the victim E’s market value of which is equivalent to KRW 160,000.

B. On March 7, 2016, at around 01:02, the Defendant: (a) destroyed by setting fire on the front of the G sing clubs located in Geumcheon-gu Seoul Metropolitan Government F, with the same method as that set forth in paragraph (a) above, the victim H’s market price of KRW 380,000, which is the victim H.

(c)

On March 19, 2016, around 03:46, the Defendant: (a) destroyed a fire by attaching it to a wind line signboard the market price of which is equivalent to KRW 160,000, the victim E, in the same manner as the above (A) at the D Ssing room located in Geumcheon-gu Seoul Metropolitan Government.

(d)

On June 5, 2016, at around 05:00, the Defendant: (a) destroyed by setting fire on the front side of the Ging club located in Geumcheon-gu Seoul Metropolitan Government F, with the same method as above (A) the market price equivalent to KRW 330,000, which is the victim H, in the form of the foregoing paragraph.

As such, the Defendant destroyed the general property owned by others by setting fire, thereby causing public danger.

2. On March 7, 2016, at around 01:10 on March 7, 2016, the Defendant assaulted the victim’s neck with air conditioners and knife and knife the victim’s k (e.g., 57 years of age) who is an employee in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol on L/ E;

1. Each statement of H and K;

1. Application of the Act and subordinate statutes to CD-related Acts and subordinate statutes to a fire report (to be presumed to be a fire), reports on the results of field identification, reports on the occurrence of each fire (fire) and investigation reports (CCTV investigation) (the investigation of CCTV on general goods of 05 October 2016) (the general goods CCTV investigation on the fire prevention site of 05 October 2016), each field photo, CCTV photographs, and CCTV image data attached thereto;

1. Relevant legal provisions of the Criminal Act and Article 167(1) of the Criminal Act (the prevention of fire to general goods) concerning the facts constituting an offense, and Article 260(1) of the Criminal Act (the point of violence and the choice of imprisonment with prison labor);

1. Aggravation concurrent crimes;