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(영문) 창원지방법원 마산지원 2016.11.25 2016고합69

현존건조물방화미수

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On October 6, 2015, the Defendant was sentenced to imprisonment with prison labor for the crime of indecent act by force at the Changwon District Court on August 6, 2015, and the above judgment was finalized on May 27, 2016.

【Criminal Facts】

The Defendant purchased alcoholic beverages at the convenience store for hospital-related persons, drinking to the hospital, and drinking alcoholic beverages from the hospital-related persons to the hospital to the hospital in order to receive a ventilation treatment at the D convalescent hospital located in Changwon-si, Changwon-si C, and talking with the hospital at the above hospital.

On January 14, 2015, at around 01:28, at the above hospital No. 504, the Defendant: (a) thought that the patient, who was on his own invasion, was placed in the hospital as a fluor of the patient’s fluor, was fluor and moved to a fluor by fluoring the fluor by using a disposable tool, prepared in advance on the invasion of the patient’s intrusion; (b) however, the patient discovered the fluor of the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s b

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. The protocol of seizure and the list of seizure (the investigative records No. 63, 64 pages);

1. A report on internal investigation (as to the confirmation of CCTV images at the site), a report on investigation (as to the hearing of face-to-face statement by a patient in a sick room), a report on investigation (as to the hearing of face-to-face statement by a sick person), a report on investigation (as to the confirmation of a face-to-face statement by a sick person), a written investigation (as to the confirmation of a face-to-face statement by a sick person), a written estimate, a written investigation report (as to the hospital staff and the patient in a sick room), a report on investigation (as to the details of instructions of an investigation), a report on investigation (as to the request for an investigation),

1. Records of field identification photographs (20 copies);

1. Criminal records as stated in the judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports (Attachment of judgment related to ex post facto concurrent crimes);

1. Article 174 of the Criminal Act and Articles 174 and 164(1) of the Criminal Act concerning the selection of criminal facts;