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(영문) 춘천지방법원 속초지원 2019.09.04 2018고단413
현주건조물방화예비등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At around 21:00 on July 26, 2018, the Defendant prepared for fire prevention by preparing to put part of garrisous substances or 1 L, which were used in the house storage of the above C, on the ground that C, which was related to the principal, only worked in the process of breaking a penta building, should be taken into consideration with himself/herself, at the house storage of the said C, on the ground that he/she would be prevented.

2. The Defendant used the hand floor at the time and place set forth in the above Paragraph 1, on the grounds as stated in the above Paragraph 1, and assaulted the victim C (the 56-year-old age) by taking the face of the victim C (the 56-year-old age), skeing the head debt, and taking three times the head of the victim’s head into account.

3. The Defendant: (a) abused the Victim C at the time and place specified in paragraph (1) above on the grounds specified in paragraph (1) above; and (b) destroyed the said TV in a manner that was put on the TV owned by the Victim C by using a computer monitor located in the living room to damage the said TV so that the said TV was damaged by 410,000 won.

4. On August 31, 2018, at around 20:00, the Defendant assaulted the victim by means of taking the victim’s face at one time on the left side of the victim’s drinking on the ground that the victim C (here, 56 years of age) was hedging at the place specified in the foregoing paragraph (1). On the other hand, the Defendant assaulted the victim by taking advantage of the degree of excessive (11cm in blade length) that is a dangerous thing held in the main machine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A report on internal investigation (record recording file of victims), report on internal investigation (related to search of witnesses E), photographs of seized objects and field photographs, investigation reports (related to failure to attach a written estimate to collect personal information or to destroy property);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act, Articles 175 and 164 (1) of the Criminal Act (the occupation of current main building and fire reserve), and Article 260 (1) of the Criminal Act (the occupation of violence and the choice of imprisonment with labor) of the choice of criminal facts;

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