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(영문) 의정부지방법원 2019.06.25 2019고단72

현주건조물방화예비

Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 6, 2018, at around 22:50, the Defendant: (a) placed the Defendant’s wife D and the Defendant’s wife D and her wife, and (b) opened a oil tank for the purpose of destroying the Defendant’s residence, and tried to extinguish the baler oil into the living room, which is the main building by spreading the baler oil to the living room; (b) however, D did not come to the commencement of the fire prevention at the wind of the Defendant’s 112 report to the police, with the aim of destroying the Defendant’s dwelling.

Accordingly, the defendant prepared fire prevention for the purpose of setting fire to a structure used by 16 persons such as D, etc. as a residential area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (the details of telephone conversations on the other excursion ship between police officers slope E, and recorded files of 112 reported, dispatched to the scene);

1. Shot photographs and field photographs used for committing the crime;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into the characteristics of spawn ingredients used for criminal conduct);

1. The main sentence of Article 175 and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is not good, the defendant does not have any criminal records exceeding the same criminal records or fines, D does not want the punishment of the defendant, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. specified in the arguments of this case shall be determined as ordered in consideration of the sentencing conditions stated in the arguments of this case.