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(영문) 서울중앙지방법원 2018.01.12 2017고합1076
일반건조물방화등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year of suspension of execution of official duties in Seoul Southern District Court on October 16, 2013, and the said judgment became final and conclusive on October 24, 2013, but the sentence of suspension of execution was revoked on July 17, 2014. On May 22, 2014, the Seoul Central District Court sentenced the Defendant to six months of imprisonment with prison labor on March 4, 2015.

[Criminal Facts]

1. On September 30, 2017, the Defendant: (a) around 03:37, around September 30, 2017, carried a wall installed in the fence connected to the victim D’s house, which is a building located in Dongjak-gu Seoul Metropolitan Government, to attach waste to the wall located in the front of the waste gate and caused trees to spread off the waste gate caused by the fire.

Accordingly, the Defendant laid down the fire so that the repair costs can be caused by fire.

2. On September 30, 2017, the ordinary car fire Defendant: (a) around 04:12, around the victim F, set up in front of the victim F’s house located in Dongjak-gu Seoul Metropolitan Government E, sent newspapers and mails on the G Spacket vehicle straw, and attached a disposable stop to the front part of the said vehicle.

Accordingly, the Defendant’s instant indictment, which is the victim’s owner, is written in the instant indictment by setting fire to and from the market price, stating “25,453,503,503 won,” and the prosecutor submits a written estimate, etc. to the effect that KRW 25,453,503 is necessary to repair the said vehicle with evidentiary materials.

If it is impossible to repair an article due to a tort, the exchange value, i.e., the exchange price at the time of the accident, minus the scrapping price.

The cost of the damaged vehicle is damaged even if the damaged vehicle can be repaired technically. (See Supreme Court Decision 98Da3016 delivered on March 27, 1998, etc.).

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