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(영문) 서울서부지방법원 2021.02.17 2020고합303
일반물건방화등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant of 2020 Gohap 303 is a Chinese national who enters the Republic of Korea with the status of stay for visiting employment (H-2).

On November 19, 2020, the Defendant: (a) around 13:38, around 13:38, at a garbage collection site managed by D, a company near Seoul Jung-gu B and C entrance, and (b) at a garbage collection site, the Defendant: (c) attached a string with a string container that was loaded on the string, with a string container, and string the strings and the strings on the strings; (d) discovered the strings on the strings and strings; and (e) discovered the strings by reporting the strings to the police, and (e) attached the strings on the strings in the same way

As a result, the Defendant destroyed the object owned by others and caused public danger, such as the risk of spreading inside the front house and the nearby Seoul Station.

around 15:05 on November 16, 2020, the Defendant 2021, at H stores managed by the victim G of the first floor in Yongsan-gu Seoul and AirportF Station, Yongsan-gu, Seoul, and AirportF Station G, the Defendant used a gap in the victim’s surveillance and used two spacks, the total market value of which is 17,000 won on the display stand, and did not go to commit an attempted crime.

Summary of Evidence

" 2020 Gohap 303"

1. Statement by the defendant in court;

1. A written statement of I;

1. At the time of the on-site and photo, the 112th report, the defendant's photograph at the time of transfer (2021, 2021, 6);

1. Application of the police statement report (CCTV image verification) to the Defendant’s legal statement G to the Defendant’s legal statement

1. Relevant legal provisions of the Criminal Act and Article 167(1) of the Criminal Act (the crime prevention of general property), Articles 342 and 329 of the Criminal Act (the fact of attempted larceny and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following factors are considered to be more favorable among the reasons for sentencing).

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