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(영문) 수원지방법원 안산지원 2017.07.21 2017고합139
특수재물손괴등
Text

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

A seized Rater (No. 3) shall be forfeited from the accused.

Reasons

Punishment of the crime

[criminal records] On February 10, 2015, the Defendant was sentenced to three months of imprisonment with prison labor due to the obstruction of business in the support of Suwon Frigwon, and completed the execution of the sentence on January 30, 2017.

[Criminal facts]

1. On May 28, 2017, the Defendant: (a) destroyed special property: (b) around 00:30 on May 28, 2017; (c) around KRW 230,000 on repair cost by opening the c 206 c. 206 c. 206 c. 30,000, which is a dangerous object, by opening the c. 230,000 c.

2. The Defendant attempted to commit the fire of the present owner’s building, at the time and place indicated in paragraph 1 as above, opened the front door of C 206, and carried it into the front door, but, on the ground that the door was not opened, attempted to store the front door in front of 206 and store it in front of 206, destroyed C’s house by attaching fire to the front door, but naturally turned out without putting the fire into another place.

As a result, although the defendant had a multi-household house residing in about 20 households, he did not bring about the intention but did not commit a attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Police seizure records and list of seizure;

1. On-site photographs of the case;

1. A investigation report (including a quotation, etc. and attached documents);

1. Previous conviction: Application of a reply to inquiry about criminal history, report on investigation (including the fact that the period of repeated crime of the suspect, records of the same criminal suspect, and accompanying documents);

1. Relevant Article 369 (1) of the Criminal Act, Article 369 (1) of the Criminal Act, Article 366 of the Criminal Act, Articles 174 and 164 (1) of the Criminal Act (the fact that the present building was attempted to commit fire, and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes (within the limit referred to in the proviso of Article 42 of the Criminal Act in cases of the attempts to commit fire to the structure of the present owner);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the punishment shall be more severe) of the Criminal Act, within the scope of the proviso of Article 42 of the Criminal Act, to the punishment for the attempted crime of fire-prevention.

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