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(영문) 서울중앙지방법원 2013.10.04 2013고합791
일반물건방화등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

From July 2007, the Defendant had been living together with the victim E (the age of 32) from around July 2007.

1. On March 25, 2013, the Defendant: (a) at around 07:30, the Defendant: (b) destroyed the public danger by setting fire the Hague frame, which was placed on the floor, on the ground that the victim was staying home on the new wall by drinking alcohol at the room of Gangnam-gu Seoul, Gangnam-gu, Seoul; and (c) caused the damage to the public by putting the Hague frame, which had been placed on the floor, in a dispute with the victim, on the ground that the victim went home on the new wall; and (d) putting it on the floor; and (d) putting it in a rater with a fire at the same place.

2. The Defendant purchased alcohol at the above date, time, and place, and detained the victim for about one hour and 30 minutes by combining three joints of the victim’s injury, mass loss, and hair, which had been on the said room to prevent the victim from escape, and preventing the victim from driving until 09:00 on the same day.

3. Around 07:30 on March 25, 2013, the Defendant driven a car without obtaining a driver’s license from the front road of the Gangnam-gu Seoul Metropolitan Government FF to the front road of the same 10-meter section of about 600 meters.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Police seizure records;

1. Each photograph, 112 reported case register, and the register of driver's license;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime (the current main building, the attempted fire prevention and confinement) and a report on an investigation;

1. Relevant Article of the Criminal Act, Article 167 (1) (the point of general fire prevention), Article 276 (1) (the point of imprisonment, the choice of imprisonment) of the Criminal Act, Article 152 subparagraph 1, and Article 43 (the point of driving without a license, and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment stipulated in the most severe punishment);

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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