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(영문) 수원지방법원 성남지원 2016.03.31 2016고합9
현주건조물방화등
Text

Defendant shall be punished by imprisonment for a term of one year and six 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

1. On January 18, 2016, the Defendant violated his residence: (a) around 17:00, the Defendant opened a studio using a creb in front of the studio in which the victim D resides; and (b) entered the studio in which the studio was not corrected; and (c) went into the studio and intrudes on the victim’s residence.

2. On January 19, 2016, the Defendant: (a) discovered that the studio was locked before the studio as stated in paragraph (1) owned by the victim E on January 19, 2016; (b) discovered that the studio was locked, and the studio was damaged by the studio of the studio, and opened the studio and intruded into the victim’s residence.

3. On January 19, 2016, the Defendant: (a) around 01:20, the Defendant: (b) laid down the floor at the studio of the instant structure with a studio in which the victim D and three children are on the studio as well as the studio specified in paragraph (1), the victim E-owned by the Defendant, who is the front wells of the Defendant, had the victim D and three children on the studio, put the budio into the studio via a studio by attaching a stud fire to the studio on the studio, on the ground that the victim D

Accordingly, the defendant destroyed the above building used by four persons such as the victim D, etc. as a residence, which is approximately KRW 3,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

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

1. A detailed statement of the processing of reported cases;

1. Application of each statute on photographs;

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), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment with prison labor), Article 164 (1) of the Criminal Act (the point of destroying the structure at present, and the choice of imprisonment with prison labor) concerning the crime;

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 [the aggravated punishment shall be limited to the sum of the long-term punishments of each crime as stated in the holding), Article 38 (1) 2, and Article 50 of the same Act];

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment

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