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(영문) 인천지방법원 2020.11.17 2020고합207
현주건조물방화등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 23, 2020, at around 17:00, the Defendant had guests on the second to third floor in Michuhol-gu Incheon, Michuhol-gu, Incheon. On the first floor, the Defendant had a main point of “D” operated by C, which was possessed on the ground that it could not be known from the point of view, attached to the door door attached to the above main point of view and had them spread to the fluor of the non-breadth.

Accordingly, the defendant destroyed a building in which people exist.

2. On February 24, 2020, at around 10:00, the Defendant intruded the structure managed by the victim by entering the locking device installed in the gate into the main shop after the order of the gate at the main place operated by the victim C, such as the statement in paragraph (1).

3. Damage to property;

A. The Defendant opened a cooling house, which is owned by the victim C in the main place at the same time and place as the description in Paragraph 2, and opened a door, and broken up approximately 30 beer diseaseed on the floor of the small beer branch on which the main place is displayed.

B. At around 11:00 on February 24, 2020, the Defendant continuously left the window of the second floor of the house where the victim F residing in Michuhol-gu Incheon, Michuhol-gu, Incheon, and broken off four copies of the market price’s aesthetic glass.

Accordingly, the defendant damaged the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of the Act and subordinate statutes to the police statement F to C and each on-site photograph (No. 3, 11 No. 5) of C to each on-site photograph;

1. Relevant legal provisions concerning the facts constituting an offense, and the occupation of a string structure and fire prevention: Article 164 (1) of the Criminal Act, which intrudes into a structure: Article 319 (1) of the Criminal Act, which causes damage and damage to property: Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments in each of the crimes above] among concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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