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(영문) 부산지방법원 동부지원 2013.05.24 2013고합65
건조물침입등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 17:00 on April 10, 2013, the Defendant entering a structure into the structure with a view to avoiding drilling in front of the end-of-life managed by the victim D located in Busan Nam-gu, Busan, without the victim’s permission.

2. The general building fire-prevention Defendant entered into a closed house as described in Paragraph 1 of the judgment in order to avoid the beginning of the year. However, he thought out at this point, and tried to kill a fake, so his life is too difficult and a fake.

Therefore, the Defendant, at around 17:20 on April 10, 2013, collected the cremation site and the smallest blusium located in the same place, and attached the flusium to the wall. The Defendant moved the flusium to the wall.

Accordingly, the defendant destroyed all the unexplosive prices of the market by burning the general buildings owned by the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, a report on an investigation (a photographic of a son used by the defendant for the crime), and a report on an investigation (a seal impression of the defendant for his/her hand and clothes);

1. Relevant provisions of the Criminal Act and Articles 166 (1) (the occupation of general buildings and fire prevention) and 319 (1) (the occupation of buildings and the choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes (within the scope of the sum of the long-term punishments in the above two crimes)] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 48(1)1 of the Criminal Act for confiscation [unfair sentencing factors] Defendant’s crime of fire prevention of this case is a crime having a risk of causing serious damage to the lives and property of many people, and is significant to social public safety.

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