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(영문) 제주지방법원 2019.07.18 2019고합72
일반물건방화등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 19, 2018, the Defendant: (a) went through the entrance door, which was operated by the Victim C at Seopopo-si, Seopo-si; and (b) intruded into the structure managed by the victim; and (c) it was not set up through the entrance door; and (d) the Defendant invaded into the structure managed by the victim.

2. The Defendant damaged property by gathering books, stolen foods, etc., which cannot be seen as the market price of the victim C owned on his/her book without any reason, at the time and place mentioned in paragraph (1). On the other hand, the Defendant continued to open the entrance, and cut off the door door for which the market price of the victim C owned by him/her could not be known.

Accordingly, the defendant damaged another person's property.

3. 절도 피고인은 2018. 11. 19. 02:29경 제1항 기재 장소에서 그곳 테이블 위에 놓여 있던 피해자 C 소유인 시가 1만 원 상당인 와인 오프너, 시가 3천 원 상당인 손톱깎이, 시가 2만 원 상당인 그림 고정홀더 등 합계 3만 3천 원 상당의 재물을 바지주머니에 넣어 가져갔다.

Accordingly, the Defendant stolen the property owned by the victim.

4. On November 19, 2018, the Defendant: (a) was under the influence of alcohol at the string door of the string door as described in paragraph (1) around 02:34 on November 19, 2018; (b) was able to remove 25 plastic chairs and their pictures, which are owned by the victim C without any reason; and (c) carried them with fire.

Accordingly, the defendant destroyed an object owned by another person and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes concerning investigation reports (related to the attachment ofCCTV images);

1. Relevant Article 319(1) of the Criminal Act and Article 319(1) of the Criminal Act (the occupation of intrusion, the choice of imprisonment), Article 366 (the occupation of destroying and damaging property, the choice of imprisonment, Article 329 (the occupation of larceny and the choice of imprisonment), and Article 167(1) (the occupation of general fire prevention) of criminal facts.

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