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(영문) 대구지방법원 서부지원 2017.04.20 2017고합43
특수재물손괴등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 26, 2017, the Defendant damage special property: (a) around 17:40 on the Daegu-gu apartment complex, Daegu-gu, Daegu-gu, where the Defendant and the Defendant’s wife together reside, and the victim D, who was the Defendant’s wife, did not return to the said apartment complex before the said Defendant; (b) on the ground that the above residential entrance was set off on the ground that the Defendant was obstructed; and (c) on the ground that the market price was jointly owned by the victim and the victim, who was in possession of the Defendant’s vehicle, using a Dogri, a dangerous object that was kept in his/

Accordingly, the defendant carried dangerous articles and damaged the property jointly owned by the defendant with the defendant.

2. The Defendant attempted to commit fire to the present residential building: (a) discovered that the alcoholic beverages, which were contained in the funeral hall of the living room at the time and place mentioned in paragraph (1), were broken down on the floor and brought to the living room of the present residential building, which was kept in the parking lot; and (b) brought the rain to the dwelling room of the present residential building; (c) attached a stop to the said rainter on the floor; and (d) did not move to the wind, which had been laid down on the floor only on the floor, even if the above rash was sing down on the floor.

Therefore, the defendant, who was landed from a parking lot, has passed through the cargo vehicle and dusted on the floor of the living room at the above residence. However, the defendant did not go through the wind to arrest the police officer dispatched to the above residence upon receiving the report of the above D-112.

Thus, the defendant tried to fire a structure used as a residence by setting fire, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 8,9,10 of the evidence list)

1. Article 369(1) and Article 366 of the Criminal Act regarding the crime, the applicable law regarding the choice of punishment, Articles 369(1) and 366 of the Criminal Act (the point of destroying special property and the choice of imprisonment), Articles 174 and 164 of the Criminal Act.

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