beta
(영문) 의정부지방법원 2019.06.20 2019고합119

현주건조물방화미수등

Text

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

One (No. 1) and one (No. 2) for the seized butane gas, respectively.

Reasons

Punishment of the crime

1. 현주건조물방화미수 피고인은 2019. 5. 5. 14:58경 경기 구리시 B에 있는 피해자 C의 주거지 D호에서, 술에 취해 피해자에게 ‘나 죽을거야’라고 하면서 그곳에 있는 종이상자 안에 부탄가스를 넣고 소지하고 있던 라이터로 종이상자에 불을 붙였으나, 건물 주인의 112신고를 받고 출동한 경찰관이 피고인을 만류하고 종이상자에 붙은 불을 껐다.

Thus, the defendant tried to commit an attempted crime by setting fire to a building used by a person as a residence.

2. On May 5, 2019, at around 20:50 on May 5, 2019, the Defendant: (a) was requested by the Guri Police Station and the office located in the 359 Guri-si, Gari-si, 359 to inspect the protocol of interrogation of a suspect who was written in relation to the instant building or attempted crime as stated in the preceding paragraph from the Guri Police Station and the office, and (b) was removed from the office after gathering the protocol of interrogation of a suspect who was written in relation to the instant building or attempted crime as stated in the preceding paragraph, and (c) was removed from the office on the same day at around 21:45,

Accordingly, the defendant damaged the documents used by public offices to have their usefulness.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Records of seizure and the list of seizure;

1. Seized materials, paper stuff photographs, and screen pictures, crime scene CDs;

1. Application of the Act and subordinate statutes to the suspect interrogation protocol photographs damaged to the suspect, or the original suspect interrogation protocol;

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act (the occupation of attempted crime against the present main building or attempted crime, the choice of limited imprisonment), and 141 (1) of the Criminal Act (the occupation of damage to public documents and the choice of imprisonment);

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;