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(영문) 대구지방법원 의성지원 2016.11.30 2016고단222

현주건조물방화예비

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 27, 2016, around 18:10 on August 27, 2016, the Defendant: (a) even though he knows that a dynamic C, who was not well-known, is in the above residence, was in mind of setting fire by setting fire to the said house; and (b) approximately 2 liters included gasoline in a water tank and left the right wall behind the residence.

Accordingly, the defendant was prepared to spread gasoline for the purpose of setting fire to the buildings in which people exist by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of a photograph of articles seized (2 liter or plastic disease) and photograph of seized articles);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 175 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the ground of sentencing under Article 48(1)1 of the Criminal Act requires strict punishment against the Defendant in light of the fact that the Defendant scop away gasoline from the inner wall behind the residence and scriptive structure and fire prevention, for the purpose of setting fire to his house.

However, the sentencing factors specified in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the fact that the defendant's mistake is recognized and against himself, the defendant's report of 112 was not actually fire-prevention, the defendant's criminal records do not have the same criminal records, and the defendant's age, environment, character and conduct