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(영문) 광주지방법원 해남지원 2019.01.23 2018고합28
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

The defendant is the spouse of the victim B (n, 60 years of age), and the defendant and the victim are living separately from October 2017, and the victim live together with two children in the house located in South-Namnam Navy C.

1. A suspender building, an attempted fire prevention, and an intrusion on residence;

A. On February 5, 2018, at around 10:00, the Defendant intruded into the said house by using the key which was reproduced in advance in the said victim’s house, and then setting the said house by setting the fire by a method of generating a snick gas gas from the smelling the smell in the main room. However, the victim returned to the house did not go to the effect that he did not turn out the gas gas, and did not commit an attempted crime.

B. Around 11:00 on March 19, 2018, the Defendant intruded into the said house by using the key which was reproduced in advance to the said victim’s house, and then destroyed the said house by a method of generating a snick by using a snick gas, which is located in the main room. However, the victim who returned to the house did not go out of gas, and did not commit an attempted crime.

2. Around 10:30 on August 6, 2018, the Defendant, when the victim was unable to enter the entrance by using the key that the victim prepared to change the key to the entrance, the Defendant intruded the said house into the boiler room to enter the said house through the window.

3. On February 19, 2018, at around 14:19, the Defendant destroyed the property by spreading a pond in the vicinity of the wheels of the EK5 vehicle owned by the victim at the parking lot for the D building located in the Namnam-gun, Chungcheongnam-gun, the Defendant destroyed the property in a way that the front and rear of the operation of the above vehicle in question in the market value is necessary.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on the list of fire-proof reports (on-site photographs and CCTVs), and 112 Reporting Cases;

1. Relevant Articles 174 and 164 (1) of the Criminal Act concerning the facts constituting an offense and the choice of punishment, and the occupation of the suspender building and the attempted crime, and limited imprisonment; and

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