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(영문) 수원지방법원 안산지원 2017.03.16 2017고합24
현주건조물방화등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

One motor vehicle (Evidence No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The defendant is without Chinese nationality.

1. On January 20, 2017, on the grounds that the Defendant was unable to know in the first floor bed of multi-household detached houses at around 17:00 on January 20, 2017, the Defendant was accompanied by the entrance door windows 8, 8, 8, 8, and the kitchen windows, which the Defendant was living together, at around 17:0, on the ground that around 17:00, the Defendant could not know in the first floor bed.

Accordingly, the defendant damaged the amount of the victim D's property to be the amount of repair cost.

2. On January 23, 2017, the Defendant: (a) destroyed property damage and intrusion around 10:00 to 18:00 on a temporary and irregular basis; (b) removed a window owned by the victim D from around 102 of multi-household detached houses 102; (c) opened a shoulder window and intruded into the above heading room where the victim E lives. (d) On the ground that the present head building fire Defendant, around 13:00 on January 25, 2017, without any particular reason, destroyed the said house within the Defendant’s house of 101, multi-household detached houses 101; (b) destroyed the said house to be repaired by attaching the victim’s secret 10,000 to the victim’s clothes located within the 10th house of the Defendant’s house of 101; and (c) destroyed the said 10,000 inside the 15th house to the 10th floor of the 15th household.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, E, or D;

1. Police seizure records;

1. A report on identification at the scene of the fire, and a photographic image of the fire;

1. Application of the Acts and subordinate statutes on the field photographs and CCTV images;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act, the choice of punishment for the crime (the point of destroying property, the choice of imprisonment with prison labor), Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment with prison labor), Article 164 (1) of the Criminal Act (the point of destroying the structure at present and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be the same as the punishment prescribed for the crime of arsoning a structure with the largest largest punishment).

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