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(영문) 울산지방법원 2013.07.26 2013고합76
일반건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. On March 21, 2013, the Defendant: (a) was under the influence of alcohol at the D convenience stores located in Ulsan-gun, Ulsan-gun; (b) the Defendant opened a door at the convenience store located in the said convenience store, which was corrected by finding the door at the convenience store again at around 01:2, March 22, 2013, and intrudes the inside of the convenience store into the convenience store, and opened the door at the convenience store at the expense, and then intrudes the door at the convenience store, which was the victim’s possession, at the convenience store; (c) the Defendant 10,000 won in cash, 13; (d) 10,000 won in cultural products; (d) 8; (e) 5,000 won in cultural products rights; (e) 7,1,000 won in cultural products rights; (e) 200 won in tobacco; (e) 200 won in tobacco; and (e) 37, 3000 man in vinyl of plastic goods.

2. In addition, the Defendant attempted to commit fire to ordinary buildings and fire in general, at the time and place prescribed in paragraph (1), with a single plastic bags displayed on the display site within the above convenience store, and a single plastic bags which were placed on the floor of the warehouse, and attempted to store the said warehouse by attaching fire to the floor of the warehouse and setting fire to the disposable plastic bags cases which turn on a single-use throwter, but failed to commit an attempted crime, at the wind that does not spread in length.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report and on-site inspection results report;

1. Relevant Articles 174 and 166 (1) of the Criminal Act (the charge of attempted crime of general buildings and fire-prevention) and Article 330 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes;

1. The defendant and his defense counsel's assertion of discretionary mitigation of punishment under Articles 53 and 55 (1) 3 of the Criminal Act (the following circumstances of favorable sentencing) and determination thereof

1. The summary of the argument in this case.

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