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(영문) 청주지방법원 제천지원 2016.05.26 2016고단75
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2016, on or around 21:00, the Defendant damaged D apartment units No. 202, 1102, where the Victim C resides in Seocheon-si B, the Defendant: (a) laid off the entrance door of the Victim’s possession at the bar of Pyeongtaek 202, 1102; and (b) caused the damage that the repair cost would amount to KRW 695,000,000, by setting off the entrance of the Victim’s ownership, on the ground that the noise from the house of Pyeongtaek 202, 1102, was brought about.

2. On February 4, 2016, the Defendant, in preparation for the fire prevention of the current owner’s building, died of a fluor and with the death of a fluor, for the same reason as paragraph (1) of the D Apartment 202 Dong 1103, where the Defendant, located in Dacheon-si B, around 00:30,000.

After attaching but attaching an butane gas to the gas apparatus, E, the Defendant’s son, son, her, did not meet the intent, thereby making preparations for the fire of a structure used for people’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. E statements;

1. A fireproof report (grounds for not seizing shotics used for committing a crime), investigation report (on-site photographs, etc.), and internal investigation report (attachings, stop pictures, and butane gas photographs used for committing a crime);

1. On-site photographs;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), Articles 175 and 164 (1) of the Criminal Act (the preliminary point of setting fire to the present main building);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentence shall be determined as ordered by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The current state's building and fire prevention preliminary crime is located in apartment buildings in which many people live, the fact that there is a record of punishment for the crime of damage to property in around 2015, which led to the confession and reflect of it, and the crime of damage to property.

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