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(영문) 수원지방법원 안산지원 2014.10.17 2014고합254
현주건조물방화등
Text

1. The defendant shall be punished by imprisonment for two years;

2. One confiscated r shall be confiscated;

Reasons

Punishment of the crime

1. On July 19, 2014, the Defendant: (a) was a person who was the victim C with the victim, and was in the victim’s house located in Singue D around 19:30 on July 19, 2014; and (b) was dissatisfied with the victim, the victim was at the victim’s house located in Singue D with another male; and (c) was in dispute with the victim, the victim was at the victim’s seated to report to the police; and (d) approximately KRW 15,00 of the market price located in the victim’s cell phone.

2. As above, the Defendant: (a) was aware that C had come to drink while drinking alcohol with other male and female; (b) was found at C’s above house around July 20, 2014; (c) was put in a hand by inserting the hand with an open window; and (d) was put in a doer with an open window; and (e) made C’s house with a strawer in its influor; and (e) caused damage equivalent to KRW 10 million due to damage to balcony, a balcony’s house, and its house and household appliances, etc.

Accordingly, the defendant set fire to and destroyed a structure used as a residence by C, etc.

Summary of Evidence

1. Partial statement of the defendant;

2. Each police suspect interrogation protocol regarding E;

3. Each police statement concerning C and F;

4. Police seizure records;

5. On-site reports on results of field identification.

6. Application of each statute of photograph;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of larceny: Article 329 of the Criminal Act;

(b) The occupation of current owner's structure or fire prevention: Article 164 (1) of the Criminal Act.

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the extent that the punishment is added up the maximum term of the crimes above two crimes, which are heavier, to the punishment prescribed for the principal building or

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the claim is to keep the victim from filing a report on a mobile phone with the police, and to take the victim's cell phone to get the driver's chips away from the victim's cell phone, and to obtain it.

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