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(영문) 울산지방법원 2019.05.24 2018고합302

일반건조물방화미수

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

The defendant, "2018 Gohap302", was sentenced to a punishment to commit a crime and enter a prison in the view that there is no place where weather conditions in which he/she lives without a certain occupation and residence.

On December 16, 2018, at around 03:36, the Defendant: (a) tried to extinguish the commercial building by attaching a fire to a non-string pipe surrounding the outer wall as a one-time tool prepared in advance; (b) however, the Defendant failed to commit an attempted fire-fighting by a fire officer dispatched after receiving a report on 119, on the wind, the Defendant failed to perform such intent.

Around 22:00 on November 26, 2018, the Defendant, “2019 Highis19,” committed an attempt to burns the said vehicle by opening a single-use disease by 5000ml, including gasoline that was previously possessed, on the surrounding floor of the said vehicle, by dusting gasoline on the given vehicle, and setting fire on the garbage bags containing garbage, but the Defendant failed to commit an attempt to commit an attempted act by setting fire, even though it did not lead to the wind of the said vehicle.

Summary of Evidence

"2018, 302"

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

1. Statement of the police statement regarding C;

1. A photograph of the damaged site;

1. "2019, 19, 2019, 200,000,000 for each seized yellow (Evidence No. 1);

1. Defendant's legal statement;

1. Statement of the victim's written statement;

1. Application of Acts and subordinate statutes to investigation reports (including field photographs and criminal tools photographs, and accompanying photographs of damaged vehicles (including related photographs));

1. Articles 174 and 166 (1) of the Criminal Act concerning the facts constituting the crime;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with the punishment prescribed for attempted general crimes of fire-prevention committed on December 16, 2018), among concurrent crimes;

1. The Criminal Act, the suspension of execution;