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(영문) 대구지방법원 2020.01.14 2019고단5791

일반건조물방화예비

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 2 shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant, around April 19, 2012, entered the Republic of Korea as a refugee and is currently staying there as a humanitarian stay permit (G-1-6) during the recognition of non-recognition of refugee status.

The Defendant leased the “C” factory owned by the victim B (the age of 54) and did not pay rent at the time when he was engaged in the export business, etc. of motor vehicle parts at that place, and the victim filed a civil lawsuit against the Defendant, which led the Defendant to correct the complaint inside the said factory.

On October 28, 2019, at around 15:55, the Defendant was dispatched by a police officer upon receipt of a report from 112, while putting the said gasoline in custody in Pyeongtaek-gun D, for the purpose of preventing the said factory within the “C” factory. In addition, the Defendant was sent to the police officer upon receipt of a report by 112, while putting the gasoline in one hand and being sent to another hand.

Accordingly, the defendant prepared for the purpose of setting fire to a structure by setting fire.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (other than on-site photographs 28 copies);

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to letters sent by a suspect to a police officer);

1. Article 175 of the Criminal Act, Articles 175 and 166 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act

1. The alleged defendant and his defense counsel asserts to the effect that the defendant does not bear liability for the crime of general building and fire prevention since he did not have the intention to prevent fire in the factory.

2. Article 175 of the Criminal Act is established when the crime of causing fire to a general building or a fire is prepared for the purpose of committing a crime of causing fire to a general building or a fire. The so-called crime of causing fire to a general building or a fire is an excessive subjective element of illegality.