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(영문) 서울서부지방법원 2015.02.13 2014고단2847
현존건조물방화예비등
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 4, 2014, at the construction site of Mapo-gu Seoul, Mapo-gu Seoul Metropolitan Government Da2 D, stating that the Defendants had paintinged, but did not receive any wage and did not receive any wage from the employer, the Defendants expressed that approximately 18 liters did not pay the money from the employer, and expressed the victim G (the age of 40) who is a construction manager at the construction site as the said construction site, “the wage would vary, F would take care of the vehicle,” “F would take care of the vehicle,” sound, and set up a lid with the driver at the floor of the corridor 20:35, and expressed the attitude that approximately 1 hour ends.

As a result, the Defendants conspired to commit a dangerous object, carried with the sponner and the sponers, and threatened the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H and G;

1. Each police statement related to H and G;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seized articles;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Articles 283 (1) and 30 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the scope of recommending punishment] The mitigated area (4-1 year), the mitigated area of punishment (4-1 year), the committee of special intimidation (4-1 year), or the case where considerable damage was restored [the decision of sentence] the defendants reflects the defendants, the defendants are contingent crimes committed in the course of demanding wages that the defendants are going forward and sealed, the victims do not want to be punished against the defendants, the victims do not have any particular criminal record, and all the other conditions of sentencing including the defendants' age, character and conduct, home environment, motive and method of crime, and circumstances after crime, etc. shall be determined as per the order.

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