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A defendant shall be punished by imprisonment for not less than one year and six months.
Seized dynater (No. 1) shall be confiscated.
Reasons
Punishment of the crime
[Criminal Power] On January 15, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act at the Seoul Southern District Court on January 15, 2015 and three years of suspension of execution in January 23, 2015, which became final and conclusive on January 23, 2015 and is currently under suspension of execution.
【Criminal Facts】
At around 23:30 on May 26, 2015, the Defendant’s wife of Gangseo-gu Seoul Metropolitan Government C and 202, a residence of the Defendant, was involved in the scaming case, and was confined to the prison. In order for his children to talk to the effect that they should have returned home before they reported that they were staying home, which had been drinking for an injury, and that they did not have an interview, they did not come home. However, the Defendant heard from D that “I will not go to the house if I continue to drink, and will not come to the house,” which read “I will not come to the house.”
At around 00:00 on May 27, 2015, the Defendant extracted a string connected to urban gas valves located in the main room of the above residence, and then attached a string (certificate No. 1) with a string in which family members, such as D, who are in charge of smelling gas, have been exposed to gas leakage between the out and the outstanding, and had them spread to the entire residence of the above string area.
Accordingly, the Defendant: (a) destroyed that the amount of 10 square meters out of 52 square meters of the above housing owned by the Korea Land and Housing Corporation (LH), which is used as a residential place by D, etc.; and (b) the remaining 42 square meters of the land, which was set aside by fire to have the amount equivalent to three million won
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and D;
1. Photographs, such as reporting on results of field identification, and fire prevention scenes;
1. A report on seizure and the details of voluntary submission;
1. Application of Acts and subordinate statutes to each investigation report (in the absence of the name, addition of witness by neighboring residents and calculation of the amount of damage);
1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;
1. Article 53 of the Criminal Act for discretionary mitigation.