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(영문) 춘천지방법원 2013.08.27 2013고합38
현주건조물방화등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

On October 7, 2009, the Defendant had completed the registration of transfer of ownership under the name of Do mother, but actually intended to contact D in order to obtain the ownership of forest land located in Gyeonggi-gun, Gyeonggi-do, which is owned by the Defendant. However, even after the issuance of the registration certificate to the Defendant, D, who was kidnapped and detained by the Defendant, did not talk with the Defendant, and even after the issuance of the registration certificate, D, who was kidnapped and detained by the Defendant, attempted to enter into a marriage with G with the Defendant’s outer third village, but, upon objection of F, attempted to resist F by extinguishing F to the warehouse and house of F located in Chuncheon-si, Chuncheon-si, and tried to leave D, which was detained by the investigation agency, to enter the meeting.

1. At around 04:00 on March 18, 2013, the Defendant: (a) went into the warehouse of the above F; (b) destroyed the fire by setting fire to the entire warehouse by attaching a fluor with a fluor, which was prepared in advance, and then moved to the warehouse; and (c) then, (d) the fire amounting to the total amount of KRW 2.970,000 in the market price.

2. At around 20:00 on March 19, 2013, the Defendant: (a) intruded into the above house used by F as a residential area on the ground that the said house was not detained even after having been subject to fire prevention as referred to in paragraph (1); and (b) removed paper, trees, etc. inside the house after gathering them and putting them out to the entire house, thereby causing the fire to be moved to the entire house by attaching a strawter prepared in advance for use; and (c) destroyed the structure used by people by burning all the said house with the total amount of KRW 11,050,000 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement to the prosecution of I;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to fire scene photographs, fire site investigation reports ( March 18, 2013), fire site investigation reports ( March 19, 2013), investigation reports (Attachment Reports to the fire site investigation reports submitted by I for reference), recording and reporting on recording records (G);

1. Relevant Article of the Criminal Act, Article 166(1) of the Criminal Act (the occupation of general buildings and fire prevention) and Article 164 of the Criminal Act for the crime;

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