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(영문) 대전지방법원 2019.06.20 2019고합34
일반자동차방화등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On January 19, 2018, the Defendant was sentenced to ten months of imprisonment for a general automobile and fire prevention, etc. at the Daejeon High Court, and on October 2, 2018, the Defendant completed the execution of the sentence in the Daejeon Prison.

【Criminal Facts】

1. On January 2, 2019, the Defendant entering the building was at a hospital located in Seo-gu Daejeon, Daejeon, Daejeon, on January 2, 2019, the Defendant: (a) turned off an elevator to the second underground floor; (b) went to the third underground parking lot via emergency stairs; and (c) intruded the building managed by the hospital of the victim C, by entering the third underground parking lot via emergency stairs.

2. On January 2, 2019, at around 21:34, the Defendant: (a) laid down a fire by setting up in advance the front section of the ridged car at the 3rd underground parking lot, such as the former paragraph, and setting the fire to the front section of the ridged car with a strong amount of KRW 19 million at the market price owned by the victim D, which is parked there, without any special reasons; and (b) set the fire to the front section of the ridged car, and let the vehicle damaged by the fluor and the front section of the fluord vehicle,

Summary of Evidence

1. Written statements of D;

1. Results of the selection at the fire site of the vehicle at C Hospital underground parking lot, each photograph (fence, such as a field and damaged vehicle photograph, CCTV image, etc. before and after the commission of the defendant, the photograph of the defendant, the photograph of the CCTV images, etc., the photograph of the defendant's telephone conversations, and the photograph of the defendant, the photograph of the clothes, etc. worn by the defendant at the time of the commission of the crime, the comparison of clothes, etc. taken by the defendant at the time of the commission of the crime, and the interview taken by the defendant at the time of the commission of the crime, and the interview taken by the head of the crime) and each CD (the telephone files of the defendant, such as each CCTV screen, the file of the defendant's telephone contents, the video files of the defendant's behavior and crime scene,

1. Previous records of judgment: Investigation report (Attachment to repeated crimes, judgment, etc.), and application of Acts and subordinate statutes as a result of inquiry;

1. Article 16(1) of the Criminal Act (the occupation of ordinary automobile fire prevention) and Article 319 of the Criminal Act, applicable to criminal facts, the choice of punishment, etc.

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