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(영문) 의정부지방법원 고양지원 2018.01.26 2017고합137
현주건조물방화미수등
Text

Defendant shall be punished by a fine of eight million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

" 2017 Gohap 209"

1. On July 3, 2017, the Defendant: (a) around 20:02, the Defendant destroyed the shock net installed in the guest room in Songpa-gu Seoul Metropolitan Government (hereinafter “F hotel”) from 208 to 200,000 won by tearing the shock net, thereby damaging to the extent that the amount equivalent to approximately KRW 143,00,000 of the repair cost would be approximately KRW 143,000 of the repair cost; and (b) the Defendant destroyed the computer to the extent that the amount equivalent to approximately KRW 250,000 of the repair cost would be approximately KRW 250,000 of the repair cost, and damaged the property of the said victim.

2. The Defendant interfered with the business of the said victim’s hotel operation by force over about one hour, by breaking off the world at the time, time, and at the place specified in the above paragraph (1), and returning back to the said hotel cabb and the corridor of the guest room, and passing over another guest gate or sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements and case guards;

1. Application of Acts and subordinate statutes to each field photograph and estimate;

1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the selection of a fine, including the point of damage to property, the comprehensive charge thereof) concerning facts constituting an offense and the choice of a fine (the point of interference with business and the selection of a fine);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the aggregate of the maximum amount of the crimes above two crimes prescribed by a crime of interference with heavier business);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding 22 million won;

2. Non-application of the sentencing criteria: Whether the sentencing criteria for fines are not set;

3. Determination of sentence of a fine of eight million won: Each of the crimes of this case committed by the defendant shall be punished by imprisonment with prison labor for a crime related to narcotics, on several occasions, by causing disturbance by destroying facilities in the hotel room operated by the defendant and opening the doors of other guest rooms of the hotel, etc.

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