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(영문) 서울북부지방법원 2019.06.21 2018고단5415

현존건조물방화예비

Text

A defendant shall be punished by imprisonment for one year.

except that 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 raised a civil petition to the Seoul Metropolitan Government due to the sales of food materials supply business, which the Defendant operated by the Seoul Metropolitan Government due to the "Food Service Support Project for Urban and Urban Community", but the Seoul Metropolitan Government did not give an answer to civil petitions, and the Defendant raised a complaint against this matter, and tried to extinguish 1,00,000 Seopo-gu Seoul Metropolitan Government, Jung-gu, Seoul, which is located in 15, Seopo-gu.

On August 24, 2018, the Defendant, at around 10:20, tried to put about 3 liters into plastic containers in light of the volume of light oil in advance, and to cut off the bags prepared after putting them into the Defendant’s body and the roadside floor, but did not reach the commencement of fire-prevention act by the police officer dispatched upon receipt of a report.

Accordingly, the defendant and the public official in Seoul Special Metropolitan City, in which the civil petitioner are present, prepared for the purpose of preventing the fire to 1 Dong of the Seodaemun-gu Seoul Special Metropolitan

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. B written statements;

1. Protocols of seizure, investigation reports (Attachment of photographs of seized articles), photographs of seized articles, site photographs;

1. Investigation report (to attach data from CCTVs on the spot and photographs inside and outside the site);

1. Investigation reports (related to ingredients of seized articles), investigation reports, and legal chemical appraisal reports;

1. Investigation report (or relative investigation of witnesses);

1. Application of Acts and subordinate statutes to a criminal report (CCTV image attachment);

1. The main sentence of Article 175 and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is that the crime of this case not only is committed against the defendant, but also against the dangerous act that may cause a large number of casualties;

However, this case is contingent that the defendant is going against his depth and not to repeat a crime.