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(영문) 춘천지방법원 강릉지원 2016.05.12 2016고합1
주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is between the victim C and the neighbor.

The Defendant was under severe stress such as depression, etc., and from this point of view, the Defendant had been suffering from depression, and had been able to discern things or make decisions under the lack of ability to discern things or make decisions due to the taking of drinking, physiological, and medication for the treatment of depression, and had been able to influence the victim’s residence without any such impulse, thereby impairing the victim’s warehouse.

1. On December 27, 2015, the Defendant infringed upon the residence of the victim by piling a fence in the vicinity of Gangseo-si, Gangnam-si, and by opening the door outside the house of the victim separated from the outside, for the purpose of fire prevention.

2. The Defendant of general structure fire prevention in general: (a) opened a Razine and blue cremation site located in the Defendant’s house located in Gangnam-si, Gangnam-si, and opened a 20ccsium (20cc in length) in front of his house; and (b) sticking a cremation site at the end of his house, using a laz, puts a fire in a cremation site by using a laz, and then setting a fire into a victim’s residence, and setting fire at a place where well-processed articles, such as a plastic pole, stipact, paper fice, etc., are stored in the victim’s dwelling, and setting fire to a 21,000 won in total of market prices, by placing a fire therein at a place where articles are stored.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on the results of field identification, a field photograph of a fire accident, a fire-proof report (related to CCTV in the field), a CCTV-cape to screen and a fire site inspection report;

1. Relevant legal provisions of the Criminal Act and Article 166(1) of the Criminal Act (the occupation of general buildings and fire prevention) concerning the facts constituting an offense, and Article 319(1) of the Criminal Act (the occupation of intrusion upon residence and the choice of punishment by imprisonment);

1. Article 10 of the Criminal Act to mitigate mental and physical weakness.

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