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(영문) 전주지방법원 남원지원 2015.02.12 2015고합2
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. On January 11, 2015, the Defendant, at around 11:15, 2015, committed a theft and attempted theft, with the intent of committing money and valuables in front of the victim D’s house located in the Hash Chang-gun C, with the intent of committing a theft, and went into the house through the house gate of the heat victim, and subsequently, went back the victim’s clothes, etc., but did not commit a theft and attempted money and valuables.

2. At the time, at the place specified in Paragraph 1, the Defendant attempted to destroy the house used by the victim as a residence by attaching the clothes in which he/she had been in possession of the money or goods to be stolen, as seen above, to the clothes of the said victim, which he/she had been in possession of the said money or goods. However, the Defendant did not have the intent to detect the wife of the victim who was in his/her bed and her bed from the bed, but did not cause the fire to be destroyed by setting fire to the victim’s clothes in an amount equivalent to KRW 236,00 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Reports on internal investigation and investigation reports (field photographs);

1. The photographs of each protocol of seizure, the list of seizure and articles of evidence;

1. Application of the existing Acts and subordinate statutes of one seized Rater (No. 1);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 342 and 329 of the Criminal Act (the point of attempted larceny, the choice of imprisonment), Articles 174 and 164 (1) of the Criminal Act (the point of attempted theft of present structure, the choice of limited imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment determined for the grave building with the largest punishment (limited to the sum of the long-term punishments in each of the above crimes)];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one year and six months from June to June 19;

2. Determination of sentence: In determining sentence of one year and six months of imprisonment, the accused shall be his own.

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