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(영문) 의정부지방법원 고양지원 2018.01.05 2017고합219
현주건조물방화등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is the father of the married couple C, notified the defendant about three months prior to the date on which C notified the defendant of his objection, and thought that C would no longer talk with the defendant, or that C would find a lodging which C lives with the defendant.

1. On October 16, 2017, at night, the Defendant: (a) was placed in a container used by E companies located in the Dong-gu, U.S., U.S., Dong-gu, U.S., for residential purpose; and (b) entered the container through container windows; and (c) was placed in the victim F, who had approximately KRW 80,000,000 in the market price of Samsung No.S., which was located in the relevant place.

Accordingly, the defendant was stolen property by entering C's residence at night.

2. The present owner's building fire prevention Defendant demanded C, who was the Defendant's wife at the date and time set forth in paragraph 1, and at the place set forth in paragraph 1, requested C, who was rejected, the Defendant moved to the container wall, ceiling, etc. with fire attached to the instant container as a disposable container which was owned by G.

Accordingly, the defendant destroyed a building used as a residence by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and C;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, the list of damaged articles, the photograph of the scene CCTV, the photograph of the scene of the fire, the investigation report (victim C and the suspect's legal relationship, etc.), and the investigation report (victim, etc.);

1. Relevant provisions of the Criminal Act and Article 164 (1) of the Criminal Act (the occupation of the current building and fire prevention, the occupation of imprisonment with prison labor), and Article 330 of the Criminal Act (the occupation of larceny by intrusion at night) concerning criminal facts;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment with labor for up to 3 years up to 40 years.

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