(영문) 서울중앙지방법원 2018.9.21. 선고 2018고합665 판결

Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive, and the defendant shall be subject to probation for two years.

Seized Melel or Coina (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On May 28, 2018, the Defendant was sentenced to imprisonment with prison labor for four months with prison labor for embezzlement of stolen objects by possession at the Seoul Central District Court on May 28, 2018 and the judgment became final and conclusive on June 5, 2018.

The Defendant was living in the Seoul Special Metropolitan City, Gwanak-gu, where nine households, such as B(C), etc., and the reason why the residents, such as Pyeongtaek B, did not live in the Defendant, were dissatisfied with B’s house.

Accordingly, at around 22:20 on May 29, 2018, the Defendant: (a) away from the stairs in front of C of the Dora Building; (b) away the width purchased at a neighboring shop from the floor to the floor by putting the width on the floor; (c) continuously moved from the window of the Dora building outer wall C heading; and (d) moved the said width on the window of the Dora building, by putting the width on the floor, putting it off to the window and the floor by attaching a fire on the newspaper; (b) however, the said width was cut off on the window and the floor before the building was loaded. Accordingly, the Defendant attempted to extinguish the structure that a person uses as a residence by setting fire, but was not committed but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Seizure records;

1. Each investigation report (verification on the face of a crime, and on the face of a new or new purchase page);

1. 112 Report Processing Statements, photographs (Evidence Records, 49-58 pages, 72-83 pages, 161-166 pages), investigation records on a fire site: Court Decision (Seoul Central District Court Decision 2018Dadan883) and the application of the Act and subordinate statutes on inquiry into a case

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

Articles 174 and 164(1) of the Criminal Act

1. Statutory mitigation;

Articles 25(2) and 55(1)3 (Attempted Crime) of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation;

Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act

1. Confiscation;

Article 48(1)1 of the Criminal Act (Reasons for Sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. According to the decision of sentence, the crime of this case was committed by the defendant's death and injury to his residents living in the same Do, and was committed by his attempted attempt. The above Dora, in addition to the defendant, there was a risk of causing serious harm to life and property of his household in the event of eight households living in the same Do. However, since the crime was committed in attempted ways, there was no special damage, and the defendant recognized and reflected his mistake through prison life for the age of 77 years old, and the defendant did not have the same criminal record, and the crime of this case was committed by the defendant without the same criminal record, and at the same time, there was a relation between the crime of deprivation of possession for which the judgment became final and the crime of this case and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act.

In addition, considering the age, character, conduct and environment of the defendant, motive and consequence of the crime, circumstances after the crime, etc. and various circumstances shown in the arguments, the sentence as ordered shall be determined and the execution of the sentence shall be suspended, but special matters to be observed (such as the body and residence of the defendant against the will of B shall not be accessed or harmful) shall be ordered to prevent recidivism.