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(영문) 서울남부지방법원 2013.07.05 2013고합141
현주건조물방화미수등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was found in the 4,5th floor E in the building in Yeongdeungpo-gu Seoul Metropolitan Government, in which C was residing and did not receive wages as a seafarer with C's introduction, and the defendant was willing to request C to pay wages instead of wages.

On April 2, 2013, at around 21:00, the Defendant found the 3rd floor Fpublic announcement source of the said D Building and found the said C at that place. On the other hand, the Defendant opened a door that is not corrected by the 318 unit room where the victim G resides and went into that door to intrude into the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. Of the facts charged in the instant case, the Defendant: (a) performed work as a seafarer with the introduction of C; (b) did not receive wages; (c) found C in a place where C resides; and (d) claimed C’s wages in lieu of C; and (c) did not provide C with money, the Defendant did not pay money to C with C.

As the Defendant did not find C at the time and place indicated in the judgment, C attempted to burns the above public notice source used by a person as a residence by putting a 318 stalter, which was in possession of the said public notice source, with a 318 stalter, which was in possession of the said 319 unit. However, H, who was residing in the 319 unit, was attempted to have a fire warning and extinguishing fire.

2. According to the judgment witness H’s legal statement and the video of the scene of the crime, ① in the above public notice room 318, the fire warning H went to the above 318 room. At the time, the Defendant was fluored, and the part of the clothes retail of the Defendant was fluored, and the part of the clothes retail was fluored. ② At the time, the floor of the above 318 room was fluor and fluor.

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