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(영문) 인천지방법원 2021.03.19 2020고단11510

현존건조물방화예비

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who, from around 2010, leased a store in D’s commercial building, which is a funeral facility operated by C in Bupyeong-gu, Incheon, and operated the “E store”.

On November 6, 2020, the Defendant, at around 19:20, did not enter into a lease renewal contract in front of the above store and tried to spread gasoline in the above store, which was displayed at the above store, by putting it away from the goods displayed at the above store, and setting fire by using the gas, but did not go to the police officer dispatched after receiving a report with the owner of the neighboring shop.

Accordingly, the defendant was prepared to prevent people from a building in which people exist.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on seizure and a reply to a request for appraisal;

1. On-site photographs and photographs of seized articles;

1. Application of Acts and subordinate statutes to the investigation report (on-site holding office), investigation report (case of the testimony on the excursion ship of a wooden ray F), investigation report (case of the testimony of witness on the excursion ship of a wooden G) and investigation report (case of the testimony of witness on the excursion ship of a

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing as set forth below) is that the defendant tried to prevent a fire, in light of the structure of the store, the degree of reserve, the risk of committing a crime, etc., the criminal liability is not less complicated.

However, the punishment is determined as ordered in consideration of favorable circumstances, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as the defendant was no longer able to operate the above store, and the fact that the defendant seems to have reached the crime of this case by contingency, and that the defendant has no record of punishment in excess of the suspension of execution.