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(영문) 부산지방법원 2015.08.28 2015고합214
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant visited the "E" store operated by the victim D in Busan Jin-gu, Busan, and demanded that the television purchased before exchange would be exchanged, but the victim could not respond to the request.

1. Around August 18, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) destroyed or damaged the glass of the entrance door of the said store, which was a dangerous object possessed by the house, at around 02:30, which was a dangerous object from the store to the store of used home, and invaded the building managed by the victim.

2. In addition, the Defendant: (a) set up a shop for used home appliances at the time, time, and place mentioned in Paragraph (1) as seen above, and set fire by setting fire to a log strings, which had been prepared in advance and had a stringer spreaded on the floor, walls, etc.; and (b) caused the fire to exceed KRW 20 million in repair cost for household appliances, such as laundry machines inside the store and its location.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on photographs by responding to a fire site investigation report, on-site photographs, and by cutting CCTVs;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Article 319 of the Criminal Act, and Article 166 (1) of the Criminal Act (other buildings and fire prevention) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for the crime of causing a grave general structure or fire), among concurrent crimes;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: Imprisonment for not less than two years but not more than 45 years;

2. Basic crimes within the scope of recommendations according to the sentencing criteria: Fire-prevention crimes against general buildings, and fire-prevention crimes (the determination of types), general standards, and fire-prevention (the range of recommendations) against general buildings, etc. (the range of recommendations) shall be between one year and six months, and three years.

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