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Reasons
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(영문) 수원지방법원 성남지원 2016.07.21 2016고합108
현존건조물방화미수등
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A defendant shall be punished by imprisonment for one year.

A seizured one documentary (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. On June 8, 2016, at around 04:20, the Defendant: (a) obtained money from the second floor of the J Building in Sungnam-si, Sungnam-si; (b) lost the Defendant’s money from the said room; (c) did not lend the said money to the victim L ( South, 21 years old) who is an employee of the PC room; and (d) took the face of the victim who was seated in the PC hold in the PC hold on three occasions on the floor of the PC hold the victim’s seat at one time, and took three times on the floor of the PC hold the victim’s seat; and (d) assaulted the victim’s right arms and knes at four-five times (70 cm in length, No. 1).

2. The Defendant attempted to commit attempted fire to the existing structure, at the time and place specified in paragraph 1, and at the PC room’s office located in the PC room to avoid assault by the Defendant, carried a door, cut the door into the PC room, thereby breaking the PC at the front floor of the above office, and breaking the PC into the PC room, where L et al. is located, by attaching a fire to the PC for a single-use tool, but was attempted to break out the PC room, where L et al. is located. However, the Defendant attempted to break out the PC as soon as possible and did not cause fire to the PC, and attempted to break out due to fire.

3. The Defendant damaged property by breaking the victim’s property worth KRW 2,510,00 in total by 8 computer monitors equivalent to the market price of KRW 1,040,00, the main owner of the victim’s business located in the PC at the time and place specified in paragraph 1, and 180,000 in the market price, and 6 computers with the main body of the computer equal to KRW 840,00 in the market price, and 180,000 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim L;

1. Written statements of the victim M;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the relevant Acts and subordinate statutes to field photographs, CCTV images, [Attachment]-related photographs;

1. Article 174 of the Criminal Act and Articles 174, 164(1) of the Criminal Act (the fact of attempted fire-prevention of existing buildings and attempted crime), Articles 261 and 260(1) of the Criminal Act (the point of special assault, the choice of imprisonment with prison labor) regarding criminal facts.

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