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(영문) 대전지방법원 2016.04.29 2016고합40
현주건조물방화등
Text

A defendant shall be punished by imprisonment for four years.

For once seized, a dynasium (Evidence No. 1) in color shall be confiscated from the accused.

Reasons

Punishment of the crime

On July 3, 2008, the Defendant was sentenced to imprisonment with prison labor and one year and six months at the Seoul Central District Court for the purpose of preventing the present building and fire, and completed the execution of the above punishment on November 19, 2009.

On January 12, 2016, the Defendant: (a) laid down Hun6:00 at the Jung-gu Seoul Studio parking lot of Daejeon, Daejeon, the Defendant: (b) laid down Hun-Ba clothes under the victim D’s Muds; (c) laid off Hun-Ba with the Hun-Ga with the Hun-Ga’s clothes; and (d) laid down the fire on the victim E-owned car in the same manner; (c) laid down the fire in the same manner; and (d) destroyed the property amounting to KRW 15 million from April 15, 2010 to January 12, 2016; and (d) destroyed or attempted the building by setting the fire to the existing building, etc. for 26 times from around April 15, 2010 to around January 15, 2016, a person set fire at the market price of KRW 210,740,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on F, G, E, D, H, I, J, K, L, M, N,O, P, Q, and R;

1. Each written statement of S, T, U,V, W, X, Y, Z and AA;

1. Each investigation report, each on-site identification report and photographs, and each on-site inspection site;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: A criminal investigation report (verification report of criminal history of the same kind of crime) and application of statutes concerning the identification of defendants;

1. Relevant provisions of the Criminal Act and Article 164(1) of the Criminal Act (the main building and fire prevention, the choice of imprisonment with prison labor), Articles 174 and 164(1) of the Criminal Act (the main building and the attempted crime of fire prevention, the choice of imprisonment with prison labor), Article 166(1) of the Criminal Act (the occupation of fire prevention of ordinary automobiles) of each Criminal Act, Article 167(1) of the Criminal Act (the occupation of fire prevention of general motor vehicles) of each Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes (within the limit referred to in the proviso of Article 42 of the Criminal Act in regard to each general motor vehicle fire prevention);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [the preceding part of Article 37, Article 38(1)2, and Article 50 of the same Act [the preceding sentence shall apply mutatis mutandis to the punishment stipulated for the crime of fire-prevention against a general motor vehicle on April 15, 2010 with the largest penalty

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