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(영문) 전주지방법원 정읍지원 2013.07.16 2013고단276

현존건조물방화예비등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

[criminal power] On April 3, 2012, the Defendant was sentenced to a suspended sentence of 4 months for the crime of interference with business in the Jeonju District Court’s branch court’s Seoul District Court’s order on April 3, 2012, and the said judgment became final and conclusive on April 11,

【Criminal Facts】

1. On February 11, 2013, the Defendant damaged the property by gathering a dispute over the issue of wage payment with the victim in front of the E-office operated by the victim D (the age of 54) in the regular Eup/Myeon (the age of 54) on the street, and then neglecting the market price of the victim’s own interest.

2. On the ground that there is no agreement on the case of damage to property that occurred before licking wages, the Defendant prepared for approximately 1 liters and liftss in advance to find the above E office in order to protect the victim from licking and fire, on the ground that the Defendant did not reach an agreement on the damage to property that occurred before licking wages.

At around 17:45 on February 18, 2013, the Defendant sought to attach a fire to a new E-office with a straw in the outer wall of the office of the Defendant and its windows. However, the Defendant attempted to keep the witness F from spreading a new string to the body of the F, but the Defendant attempted to turn on a new stringer and a stringer to the body of the said F. However, F did not cause a string of the victim, and the victim et al. prepared the fire of the said E-office office in which the victim et al. were present.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D or F;

1. On-site photographs, records of seizure, and list of seizure;

1. Previous convictions indicated in the judgment: Criminal records, references to criminal records, reports on the results of confirmation before the disposition, and the application of statutes of the judgment;

1. Relevant Articles 175 and 164 (1) of the Criminal Act (the occupation of the existing building and the reserve for fire prevention) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a crime and commits a crime and commits a mistake, and the fact that he/she has agreed with the victim);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Confiscation Article 48(1) of the Criminal Act