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(영문) 서울남부지방법원 2019.06.28 2019고합153
현주건조물방화미수등
Text

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

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

Reasons

Punishment of the crime

1. On March 6, 2019, the Defendant: (a) opened a door of “D” restaurant operated by the victim C in Geumcheon-gu Seoul Metropolitan Government on the part of March 6, 2019; (b) intruded into the said restaurant; and (c) placed in and near the said restaurant; and (d) held a kidy paper equivalent to KRW 4,00, the market price of the victim’s possession, which is located near the said restaurant.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

2. On March 6, 2019, the Defendant was under the influence of alcohol at around 01:29, and was living in front of the building jointly owned by F and G in Geumcheon-gu Seoul, Geumcheon-gu, and H et al., and attempted to extinguish the building by attaching the outer wall to the outer wall of the part of the 1st floor of the building, which was installed at the entrance of the “I” restaurant on the ground of fire. However, the Defendant attempted to extinguish the building by attaching the outer wall to the outer wall of the 1st floor of the building. However, the Defendant did not attempted to see the J and K, who was under the influence of alcohol and reported to 119, and to extinguish the building along with the fire officer.

3. On March 6, 2019, the Defendant: (a) under the influence of alcohol on March 6, 2019, the Defendant: (b) caused public danger by setting a fire by attaching a string with a string fire on the display platform, while passing ahead of the Seoul Geumcheon-gu L building and the “N” operated by the first floor M.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement against M, C, J, K, andO;

1. Records of seizure and the list of seizure;

1. Application of a report on the occurrence of a fire, CCTV-faging photograph (Evidence No. 4 and 7), one on-site identification report, one on-site identification report (No. 13), two copies of a full certificate of registered matters, two on-site photographs (No. 30) and CCTV-faging photographs and statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense and Articles 330 (the points of larceny of night buildings), 174, 164 (1) (the points of attempted crime and the choice of limited imprisonment), and 167 (1) (the points of causing fire to general goods) of the Criminal Act which choose punishment;

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