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(영문) 서울서부지방법원 2014.11.11 2014고합227
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant decided to move into the E-Announcement Board for the Operation of the Victim D (hereinafter referred to as the “Public Notification Board”) of Yongsan-gu Seoul Metropolitan Government and the fourth floor, and brought down 20,000 won of the down payment and animals, and the victim was able to terminate the contract by considering the fact that the Defendant brought about the remainder before paying the balance, but the victim was able to receive refund of 20,000 won of the down payment, but the victim did not receive the telephone, and was able to keep it in the Public Notification Board operated by the

At around 02:10 on April 22, 2014, the Defendant: (a) posted a fire in a fluorous manner in front of the end of the corridor located in the fourth floor of the E-Public Notice Board; and (b) destroyed three gates among the 18 units of the above 4th floor public notice room where a person uses as a residence, including a table, chair, electrical scood, electric scood, electric scood, etc. inside the warehouse.

(hereinafter “instant fire”). Summary of evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement of the police preparation G;

1. Report on the occurrence of a fire, report on internal investigation (fire, fire-field identification, CCTV verification, search and investigation into and investigation into the scene of a fire, investigation into materials, selection of suspects, appointment of suspects, investigation report (investigation into the statement of the accused at the time of arrest, confirmation of the matters requested by the accused, analysis of CCTV image data, and attachment of recording records);

1. On-site inspection reports or investigation reports on causes of fire sites;

1. Application of CCTV images and photographs, and fire site photographs Acts and subordinate statutes;

1. Determination as to the Defendant’s assertion of the pertinent Article of the Criminal Act and Article 164(1) of the Criminal Act regarding criminal facts

1. It is true that the defendant's arguments entered the public notice board immediately before the occurrence of the instant fire.

However, the defendant entered the Gosiwon to receive down payment of 20,000 won from the victim, and the defendant did not go to the Gosiwon.

2. Determination

(a) key issues;

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