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(영문) 수원지방법원 성남지원 2013.07.11 2013고합39
현주건조물방화등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The present owner's building and fire prevention Defendant had an internal relationship with the victim C from around 2003 to 2005.

On January 10, 2013, around 23:30 on January 10, 2013, the Defendant reported the victim C’s house located in Gyeonggi-si, Gwangju-si to the same male with the other male, and caused 2 liters in the warehouse to bring one stoper, dusted a stoper on theme floor of the ward, dump, etc., and attached a stop to the math floor of the math.

Accordingly, the defendant destroyed the building used as a residence by the victim.

2. On January 13, 2013, around 19:18, the Defendant entered a living room through the entrance door, which was not locked by the victim’s house as stated in the preceding paragraph.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

【Paragraph 1 of the Facts of Crimes】 (Setting Fire to Present Living Building)

1. Statement by the defendant in court;

1. Second written statement of the police preparation C to C;

1. Spner, log photograph, on-site photograph (paragraph (2) of the facts of crime);

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the first written statement to C prepared by the police officer;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Dried building and fire prevention: Article 164 (1) of the Criminal Act;

(b) Intrusion upon residence: Article 319 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the crime of causing a grave building or fire, which is heavier than the punishment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following reason for sentencing) recognizes the instant crime. The first reason for sentencing has been promoted, and the fact that the Defendant has no criminal record of suspended sentence or higher is favorable to the Defendant.

Criminal facts

The fact that the defendant had been in an internal relationship with the victim from 2003 to 2005 is recognized.

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