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(영문) 인천지방법원 2017.05.15 2017고합88
현주건조물방화
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From June 20, 2016, the Defendant leased 1,000,000 won and monthly rent of KRW 1,000,000,000, the first floor of the land E-based building owned by the victim D, and operated the F cafeteria.

Defendant 1 did not operate the aforesaid “F cafeteria” and did not pay monthly rent, electricity rent, and water rent, etc. However, Defendant 1 was in mind at the time of having to leave the said building due to such circumstances as the victim D’s notification of the termination of the lease agreement and the request for disposal of the land before the possession of the real estate was made. As such, Defendant 1 was able to receive fire insurance money by advertising the building on November 9, 2016.

On January 1, 2017, when three family members, such as Victim G, reside in the second floor of the building in question, the Defendant was unable to sell the first floor of the building in three places, such as the inside, rear, and the second floor of the building in question, using non-explosive materials on leafs, plastic bags, etc.

Accordingly, the Defendant destroyed the above building owned by 3 victims, such as victims G, to the extent that the repair cost is equivalent to 28,920,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Legal and chemical appraisers;

1. A report on the results of field meals, a report on the results of field meals, a secondary report on the results of field meals, and a survey on the fire site;

1. Domestic investigation reports, internal investigation reports (on-site inspection records, etc.), internal investigation reports (on-site inspection records and CCTV images), internal investigation reports (on-site inspection records and CCTV images), domestic investigation reports (on-site inspection records), internal investigation reports (on-site inspection records, etc.), internal investigation reports (on-site inspection records, etc.), investigation reports (on-site inspection records, etc.), investigation reports (on-site fire insurance), investigation reports (on-site inspection records and sources, etc.), investigation reports (on-site inspection records, documents, etc.), investigation reports (on-site inspection records, etc.), investigation reports (on-site inspection records, etc.), investigation reports (on-site investigation reports, and confirmation of the history of purchasing fire insurance for the suspect);

1. The application of CCTV and black stuffs-related statutes;

1. Criminal facts;

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