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(영문) 수원지방법원 여주지원 2020.06.24 2020고단544

현존건조물방화예비

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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

At around 16:10 on March 18, 2020, the Defendant stated that “C hospital” located in B of the Dongcheon-si, Gyeonggi-do, was “C hospital” and that MRI’s inspection expenses were treated as non-paid medical expenses, among medical expenses paid after the hI was administered, and the Defendant purchased 2 L from the nearby page points to the hospital and attempted to prevent the fire by arrival in front of the entrance of the emergency room of the hospital, but did not reach the execution of the police officers dispatched to the hospital.

Accordingly, the defendant was prepared for the purpose of setting fire to a building in which people exist.

Summary of Evidence

1. Statement of the police on the defendant's partial statement D, each written statement of D, E, and F, the list of seizure, the photographic and chemical appraisal report of seized articles;

1. Application of the Acts and subordinate statutes concerning CCTV photographs of field photographs and CCTV photographs;

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

1. The defendant's assertion as to whether there was the purpose of preventing a fire against the defendant under Article 62 (1) of the Criminal Code of the suspended execution is the person related to the hospital and the person related to the hospital, and there was only a new dispute with them in order to put them hot, and there was no purpose in fact to put them into a hospital.

Judgment

Considering the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, it is judged that the defendant had a purpose of fire prevention.

① The Defendant, who is a person related to the hospital, actually engaged in a dispute with him/her, went to the hospital, thereby putting him/her a inflammable substance into the hospital.

In addition, the defendant was well aware of the fact that he is a strong inflammable substance, and he was also in possession of a dog that can easily attach fire at the time.

(2) If the defendant only has an intention to get hot water to hospital-related persons, it is similar to the faith or oil in appearance.