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(영문) 의정부지방법원 고양지원 2017.06.02 2017고합63
일반건조물방화등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 8, 2017, the general building fire Defendant: (a) around 05:30 on the part of the victim C (n, 64 years old); (b) at the “E church” located in D, the victim C (n, the Defendant would wish to die” and (c) attached a fire to the strawer in his possession and a cigarette butts with plastic materials that were located therein, and had him/her spread to the floor, wall, ceiling, etc. of the fluor of the church in fluent length.

Accordingly, the defendant destroyed the above church building owned by the victim to be worth KRW 4,355,460.

2. At night, the Defendant: (a) opened and intruded the entrance door that was not corrected at the time and time set forth in paragraph (1); and (b) opened and intruded into the entrance door at the new site; (c) carried and stolen the said victim’s goods in the aggregate amounting to KRW 40,000, including the victim’s 3,000 emergency exit, fire-proof one even and slicker 1 even, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. A protocol of seizure and a list of seizure;

1. A report on the results of field identification;

1. Photographss and field photographs of seized articles;

1. Application of Acts and subordinate statutes to each investigation report (a written estimate attached to a written estimate, a victim C telephone statement hearing report, and confirmation of outing hours);

1. Article 166 (1) of the Criminal Act (the occupation of the general building and fire prevention) and Article 330 of the Criminal Act concerning facts constituting an offense (the occupation of larcenying a structure at night);

1. Aggravation of concurrent crimes: the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. The scope of punishment by law: Imprisonment for one year and 20 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) To prevent general buildings and fire (the type of fire-prevention).

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