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(영문) 서울남부지방법원 2017.01.05 2016고합581
현주건조물방화등
Text

Defendant shall be punished by imprisonment for not less than two years 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

1. From November 19, 2016, the Defendant brought about the cash amounting to KRW 300,000,00,000, which is the victim’s possession, in E office operated by the victim D, who worked as the victim’s employee in Yeongdeungpo-gu Seoul Metropolitan Government.

Accordingly, the defendant stolen the victim's property.

2. Even though F, who is an E fee employee of the present state building, was in transit of e-mail, the present state building fire the Defendant left in the E-office as stated in paragraph 1 where G, who is another employee of E, retired from office because D had a e-mail frequently put about drinking without dealing with occupational accidents.

On November 19, 2016, at the above office around 12:35, the Defendant attached a fire to the guns to be cut off as a dog, and took the guns to be cut off inside the bedrooms located in the bend room inside the office and in the storage adjacent to the office, and caused property damage in the amount of KRW 1:3 million.

As a result, the defendant set fire to the office that G uses as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to report internal investigation (CCTV photographs to observe the current status of the place of fire occurrence (CCTV) and investigation report (report attached to a fire field investigation report and a fire site investigation report)

1. Relevant provisions of the Criminal Act and Article 164 (1) of the Criminal Act (the main building and fire prevention, the occupation of imprisonment with prison labor), and Article 329 of the Criminal Act (the intention of Section 1 and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the aggregate of the long-term punishments of the above two crimes prescribed in the crime of arson of a string building with heavy punishment);

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act (the following grounds for sentencing) are favorable.

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