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(영문) 대전지방법원 2014.02.06 2013고합267
일반물건방화등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On May 11, 2013, at around 08:10, the Defendant was discovered and arrested by the victim E, who was parked in the D market located in Daejeon Seo-gu Daejeon, and opened a locked door and discovered stolen articles by entering the vehicle.

Accordingly, the defendant attempted to steal the victim's property, and attempted to commit it.

2. At around 20:00 on the same day, the Defendant: (a) moved the Defendant’s wife to a wooden board by attaching a fire to a wooden board, which was owned by the Defendant; (b) laid down one bicycle on the part of the Defendant; (c) destroyed the public danger by setting fire on the part of the Defendant.

3. At around 21:00 on the same day, the Defendant, who was a general fire, set up a tree at the ground by plucking, plucking, or cutting off his clothes, and destroyed all sorts of trees, which are managed by the Daeuk-gu Office located in Daejeon Seo-gu Daejeon, Daejeon, Daejeon, for the reasons as referred to in paragraph 2, thereby causing public danger.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs and investigation reports (Attachment of case scene photographs) 【The fact of No. 2 in the market】

1. Defendant's legal statement;

1. A H statement;

1. On-site photographs and investigation reports (Listening to the statement of reference witness or telephone), 【The third fact in the market】

1. Defendant's legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (police officers, telephone statements, hearing statements and hearing statements for reference witnesses);

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 329, 167 (2) and (1) of the Criminal Act (the occupation of general goods owned by the principal and fire prevention, the choice of imprisonment), and Article 167 (1) of the Criminal Act (the occupation of general goods and fire prevention) of the choice of punishment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be the heavier penalty;

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