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(영문) 서울북부지방법원 2018.04.06 2016고합72
일반물건방화등
Text

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

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

Reasons

Criminal facts

[criminal record] On November 2, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of the performance of official duties in the Daejeon District Court’s Support, etc., and the said judgment became final and conclusive on November 10, 2017.

[Criminal facts] 2016 Gohap 72

1. On February 6, 2016, at around 11:42, the Defendant prepared in front of “D” located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the Defendant attached a fire to the fallen leaves in advance and made it more than 3.3 square meters of the total floor area of the nearby flower.

As a result, the Defendant destroyed the flames, etc. equivalent to approximately KRW 200,000, which was depthd on the D chemical team managed by the victim E.

2. On February 6, 2016, at around 12:40, the Defendant: (a) prepared in advance at the flowers adjacent to the above “D” building; (b) attached a fire to the fallen leaves, and made the fire more than 10 square meters of the total floor area of the nearby fireproof group.

As a result, the defendant laid down trees worth approximately KRW 100,00,000, which were planted in the above D chemical group managed by the victim E, and destroyed it.

On February 4, 2016, the Defendant: (a) entered the “H building (the fourth floor, the first floor underground)” underground parking lot owned by the victim G located in the Northern-gu, Chungcheongnam-gu, Seocheon-gu, Seocheon-si on February 4, 2016; (b) attached a stringer, etc. carrying a string string, etc. loaded in the said parking lot with a stringer, etc.; and (c) destroyed the string by fire that amounted to approximately KRW 28,520,000 for repair costs by putting the walls, ceilings, water pipes, etc. inside the said parking lot.

Accordingly, the defendant destroyed the building owned by the victim G by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police for E;

1. Photographs of the scene of crime;

1. On-site photographs;

1. A report on the results of field identification;

1. A seizure list;

1. Written estimate for recovery from damage to the victim G;

1. A report on internal investigation (on-site and CCTV investigation);

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes for investigation reports (report on the previous convictions and results of confirmation);

1. Article 167 (1) of the Criminal Act (the occupation of fire prevention of general goods) and the Criminal Act as to the crime.

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