beta
(영문) 서울중앙지방법원 2018.12.12 2018고단7174

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

From April 2017, the Defendant served as a paid volunteer of a restaurant operated in D, a self-support shelter for the homeless in Seoul Jung-gu, Jung-gu, Seoul, on October 3, 2018, and was born to around October 3, 2018 on the ground that the Defendant was not paid benefits to the Defendant’s account after his retirement.

around 17:40 on October 4, 2018, the Defendant: (a) found a restaurant located on the first floor of the above “D” underground floor where Social Workers E and cook F work; (b) took one oil tank containing approximately 20 liters, such as where he was kept in the next washing room of the above restaurant for the purpose of giving fire to the place; and (c) sound that “I will throw away fire, and throw away it,” and the Defendant did not put an amount equivalent to 5 liter of the oil, such as “I will throw away it,” and put the 5 liter into the restaurant floor of the above restaurant, and put it into the bar, but did not put it up against the above E.

Accordingly, the defendant prepared to extinguish a building in which people exist by setting fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and F;

1. Investigation report (whether a person possesses a dog, etc.);

1. Application of Acts and subordinate statutes to the place of occurrence, internal photographs, seized objects photographs and photographs;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant's act is a dangerous danger that makes it clear to take the life or property of many people, and thus, is subject to criticism.

The defendant has a criminal record of several times of fine due to violence.

The defendant is led to confession and reflect on the favorable circumstances.

There is no criminal record for the defendant.

The defendant was detained for about two months until now.

At the time, the defendant was not in possession of the Republic of Korea.

The actual damage caused by fire did not occur.

In addition, the age, sex, career, family environment, relationship with the victim, motive, means and result of the crime.