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(영문) 춘천지방법원 강릉지원 2013.06.13 2013고합22
현주건조물방화
Text

A defendant shall be punished by imprisonment for three years.

A seized gas thrown shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On March 8, 2007, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in Gangnam Branch Branch of the Chuncheon District Court, and the probation period was expired on August 14, 2008 on the same day by the same court, which was sentenced to one year of imprisonment with prison labor for the crime of the present main building or the crime of attempted fire prevention, and the said judgment became final and conclusive on the same day, and the probation period was paroled on March 30, 2010 during the execution of each of the above punishment, and the probation period expired on April 25, 20

【Criminal Facts】

On March 10, 2013, the Defendant, at around 20:30 on March 10, 2013, destroyed the sum of KRW 1,818,00,00 in the market price of the above toilets, storages, and wood in the dwelling of the Defendant who resides together in Gangnam-si C, with the Defendant’s mother D (I 85 years of age) (I am of why you drink, I am of why you drink?) and ambling with the Defendant’s mother D (I am of about why you drink, I am of about 85 years of age), and was fired by the firemen who were dispatched after receiving a report before I ambling.

Thus, although the defendant tried to destroy a structure used as a residence by the above D, he did not achieve the intent, but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Photographs related to the case of fire-prevention;

1. Statement of D police statement;

1. Investigation report (Attachment of fire-fighting report to a fire site investigation report);

1. Before holding: Application of Acts and subordinate statutes to criminal history records, investigation reports (attached to data on the current status of collection and confirmation of the fact that the period of repeated crime is period);

1. Articles 174 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Optional sentence and limited imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. As to the assertion of the defense counsel under Article 48(1)1 of the Criminal Act of confiscation, the defense counsel for the determination of the defendant's defense counsel is away from the building and warehouse where the defendant destroyed.

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