beta
(영문) 광주지방법원 순천지원 2017.07.06 2017고합40

일반건조물방화미수등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who was engaged in the private house business with the trade name of “D pention” together with his/her family in the case of leisure C and two parcels.

1. On February 13, 2017, the Defendant, who attempted to commit the crime of fire to a general structure, had a complaint against the charge of compulsory execution under the victim E (tax age 47) who was awarded a successful bid for the said pention in the “Dpention” around February 7, 2017.

At around 17:44 on the same day, the Defendant added a fluorial to gas bags within 201, and attempted to fluoral to put the fluoral to be fluoral to be fluored in beer, thereby making the Defendant’s husband F, who opened the door immediately and entered the door, did not cause a fluoral fire to the effect that the Defendant’s husband F, who did not control it.

Accordingly, the defendant tried to extinguish a structure owned by the victim by fire.

2. On February 7, 2017, at the entrance of the 1st floor of the building in the above pented building, the Defendant, who obstructed the performance of special official duties, takes the kitchen knife ( approximately 30cm in total length, approximately 20cm in length), which is a dangerous thing, into his hand, to undergo execution of an order to deliver real estate based on the execution title from G with the execution officer G belonging to the G of the Gwangju District Court at the level of the 1st floor of the building in the above pented building.

No enforcement may be effected.

The term “a large sound” refers to a sound, and the attitude seems to have been frighten to G.

Accordingly, the Defendant, while carrying a deadly weapon, obstructed the execution of legitimate execution of duties concerning the delivery of real estate by enforcement officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, F, E, and G;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 174, 166 (1) of the Criminal Act (the point of attempted prevention of a general structure) and Articles 144 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of special public services, and the choice of imprisonment with prison labor);

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act (limited to the attempts to prevent a general building or structure) to be mitigated;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.