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(영문) 수원지방법원 2016.05.31 2016고합101
현주건조물방화등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the interior office called “E” in Young-gu, Young-gu.

On April 2015, the Defendant brought a lawsuit on the ground that he did not receive KRW 12,700,000 out of the total construction cost of KRW 18,700,000 with the victim F, who was known to the general public, for the following reasons: (a) the conciliation was concluded in KRW 6,50,000 on November 24, 2015; (b) the adjusted amount was below the remainder; and (c) the Defendant f, who did not receive the remainder, was flicking to the victim’s G building.

On February 21, 2016, the Defendant opened a window on the rear side of the “G” joint residential building of the victim F of the victim F in Heungdong-gu, Youngdong-gu, G, and prepared in advance on the window mold, she she she sheshessss and shess the arms on the window and shes the strings, followed by attaching a fire to the guns of the strings of the franp position board structure by attaching a fire to the guns of the franp position plate structure. On February 21, 2016, the Defendant made four plastic greenhouses for the victim I’s “J” in the victim I, who was next to the franch.

Accordingly, the Defendant: (a) destroyed the said G building used as a residence by the victim F for the repair cost of KRW 13,000,000; and (b) destroyed the four plastic houses owned by the victim I to repair KRW 107,746,30.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. A report on the situation (the occurrence of a fire), a field photograph, a survey report on the scene of a fire, a report on the results of identification at each site, a estimates, estimates, results of identification at the scene of a fire in H, and records of a fire identification photograph;

1. Application of the Acts and subordinate statutes to CCTV data, CCTV data near the K Station, CCTV images photographs around the suspect's residence, new or access to radiation and CCTV data, and CCTV data;

1. Article 164 (1) of the Criminal Act (the occupation of fire to the present building) and Article 166 (1) (the occupation of fire to the general building) of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of alternative abandonment of punishment;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment

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