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(영문) 대구지방법원 의성지원 2015.04.21 2015고합4

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for one year.

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

around 09:52 on February 23, 2015, the Defendant: (a) refused the Defendant’s request to return part of the monthly wage received by the Defendant as an employee of the restaurant operated by the victim at the seat of the victim D (n, 67 years of age) who is the mother of the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) obstructed the victim’s demand; and (c) attached the oil ( approximately 300 c), which is located in the boiler room oil tank, to the rubber box; (d) continued to put the oil (including approximately 300 c) which is located in the boiler room oil tank, and tried to extinguish the said house by putting the oil into the rubber box and with the fluor and fluor, but the EF did not commit any attempted act by preventing the Defendant.

Thus, the defendant did not commit an attempted crime by setting fire to and burns a structure used by a person as a residence, and did not commit it.

around 05:00 on December 20, 2013, the Defendant: (a) around 05:00, at the Defendant’s residence in the Cheongsong-gun G, the Defendant, despite not a person handling narcotics; (b) Hadyl nitrite’s components of temporary psychotropic drugs, Hadkyl nitrite, and used the steam by opening a bottle lid and inhaleing steam.

Summary of Evidence

"2015 Gohap4"

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Report on investigation (on-site photographs);

1. Police seizure records "2015, 600;

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against I and H;

1. Application of each investigation report (in cases of a report on the request for appraisal: 2014-H-947, and the designation and public announcement of temporary narcotics);

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the occupation of attempted crime and attempted crime of current main building), Article 59 (1) 5, and Article 3 subparagraph 5 of the Narcotics Control Act and subparagraph 3 (a) of Article 2 of the same Act (the occupation of using sludge) of the choice of criminal facts;

1. Articles 25(2) and 55(1) of the Criminal Act, which are statutory mitigation;