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(영문) 서울북부지방법원 2017.03.31 2017고합30
현존건조물방화
Text

A defendant shall be punished by imprisonment for two years.

All the seized oil tamps (No. 1) and disposable tampers (No. 2) shall be confiscated.

Reasons

Punishment of the crime

The Defendant around 17:00 on January 20, 2017, who operates D’s convenience points on the first floor of Seongbuk-gu Seoul Metropolitan Government building C, before the victim E (V, 60 years of age), does not seem to have “if a female horse is going to exist, it shall be deemed that there is no damage.”

The victim, who said the phrase “,” had the mind to fire the convenience store unless he had the intention to do so.

The Defendant purchased a rater at a convenience store, purchased gasoline of KRW 3,00 with a nearby gasoline of KRW 3,00,00, and returned to a convenience store again to the victim “I have no damage if I have yet to do so.”

“The victim was “......”

“In the light of the foregoing, gasoline is rootsd on the floor and “Sari Lari”.

"....." The victim rejected it, attached a fire to gasoline, and had approximately 83 square meters of the size, such as the goods displayed in the convenience store in a fluor and the calculating team, displayed in the fluor.

As a result, the Defendant: (a) carried out the “F” store in the same building as the victim; and (b) destroyed the sales goods and the calculation unit to cause approximately KRW 3 million damage from the convenience store to the convenience store of the first floor of the building in which the household resides.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Seizure records;

1. Photographss, investigative reports (to hear the statements of the victim), and investigation reports (including those existing in the above building) by cutting down CCTV images at the scene of the crime;

G Application of the statute

1. Article 164 (1) of the Criminal Act applicable to the relevant criminal facts and Article 164 of the choice of punishment (Optional to Imprisonment with labor for a period of time);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Imprisonment with prison labor for a range of two to five years (one-year period, including the main building and structure, and the basic area);

3. The crime of this case by which the defendant is sentenced shall be deemed to have been damaged if the victim “if the victim wishes to make a female horse.”

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