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(영문) 광주지방법원 2015.05.08 2015고합94

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for not less than eight 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 operates the rice rice house.

1. On March 29, 2015, the Defendant: (a) around 01:30 on March 29, 2015, the Defendant: (b) was under the influence of alcohol at the Defendant’s home room in Gwangju Dong-dong, Gwangju-gu Da1st, and was in a dispute with the victim F, for reasons that the period of returning home of the victim F, who was the wife, was late; (c) was placed on the victim’s cellular phone (gals 4) due to the market price on the victim’s own on the floor; and (d) was damaged the victim’s property by destroying the glass window by gathering stals.

2. At around 02:10 on the same day, the present state building and fire preliminary Defendant: (a) was found to have attempted to enter the room by the police officer, etc. of the Gwangju East Police Station support box, etc., who was called out after receiving a report from 112 among the places described in paragraph (1) of the same day; (b) was unable to enter the room by putting two kitchen blades (No. 1) in a double hand, which were located on the kitchen; (c) was opened at a gas siren valve installed in the kitchen for the purpose of continuous fire prevention; and (d) tried to extinguish the said residence with a single-use dog (No. 2) which the Defendant was in possession, but tried to extinguish the said residence with the police officer, which was in preparation for arresting the police officer and the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report (report on the on-site conditions at the time of dispatch of the site, arrest guards, and confirmation of damage to a cell phone by a victim);

1. Records and lists of police seizure;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, and Articles 175 and 164 (1) of the Criminal Act (the occupation of the current main building or the preliminary building);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the grave building with heavier punishment), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The accused and the defendant under Article 48(1)1 of the Criminal Act.