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(영문) 서울중앙지방법원 2018.09.19 2018고합648

현주건조물방화미수

Text

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

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

Reasons

Punishment of the crime

On June 19, 2018, the Defendant received emergency medical treatment at D Hospital located in Jung-gu Seoul Metropolitan Government C on June 19, 2018, and was under the atmosphere of the above hospital because it was unable to pay hospital expenses.

At around 21:10 on the same day, the Defendant: (a) was waiting for the liaison of the travel insurance company at the waiting room of the first floor emergency room of the above hospital; (b) laid off 8 chairs in front of the waiting room of the guardian, thereby preventing people from opening; and (c) laid off the hand bags containing 62% of the thomic ingredients on the floor, which had been carrying the 62% of them down on the floor; and (d) laid down the plastic bags, the paper of which was filled up in the shape of the “c (c)” in the shape of the “c (i.e., plastic plastic bags,” and destroyed approximately 100 hospital employees, such as the victim E, and the hospital with 200 patients, but the victim E was attempted to attempted to immediately shot up.

Accordingly, the defendant tried to destroy a structure in which many victims exist.

There was an attempted attempt.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to E and F (victim);

1. A report on investigation (on-site investigation) and a report on investigation (case concerning the analysis of CCTV images of a DNA hospital, which is a place of crime);

1. Application of Acts and subordinate statutes attaching photographs by field identification photographs, suspects, on-site photographs, and by capturing CCTVs;

1. Relevant Articles 174 and 164 (1) of the Criminal Act concerning the facts constituting an offense (opportune imprisonment with labor);

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The summary of the assertion is that the Defendant only intended to operate a fire alarm for the purpose of obtaining assistance from police officers or fire officers, and did not cause the victims to have destroyed existing buildings.

2. The following circumstances acknowledged by the evidence of the judgment, i.e., the Defendant’s waiting room floor of the first floor of the D Hospital.