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(영문) 대구지방법원 2021.01.22 2020고합419

현주건조물방화미수

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 14, 2020, the Defendant: (a) at the house of the head of the Sildong-gun B B of the Gyeongdong-gun, Gyeongdong-gun, G, who suffered from mental illness after drinking alcohol, was born out of the place of damage.

Therefore, the Defendant, with a cell phone with a mind to prevent fire in the house, laid a video phone to the above C, and tried to set fire to the broom be attached to the broom, which was kept in front of the front of the broom, and destroyed the house on the inner floor by setting fire to the broom, but the Defendant’s attempt to stop the crime by putting fire into the broom and extinguishing it into water in his bath room and stopping the crime.

Summary of Evidence

1. A protocol of the police statement concerning C containing a part of the police interrogation protocol concerning the accused who has partially made a statement in the court;

112 Application of Acts and subordinate statutes to report internal investigation (on-site photographs) and investigation reports (on-site photographs at the time of site appointment and attachment of site photographs) on the list of reported cases processing cases;

1. The summary of the claim of the defendant and his defense counsel regarding the criminal facts under Articles 174 and 164(1) of the Criminal Act in question, and Article 164(1) of the Criminal Act, and Article 26 of the Criminal Act exempted from punishment, and Article 164(1) of the Criminal Act, is that the defendant did not commit a fire in order to make the victim born out of the house return to the house.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① the Defendant, out of the house, demanded the victim to promptly enter the victim’s cell phone image call as soon as possible, thereby making it impossible for the victim to enter the house.

The victim said, “.....” The victim observed the sloping of the house through the above video call and reported to 112, ② the Defendant was fluored with a broom with a broomus with a broom, and the Defendant was fluored with a broom on the inner floor, and thereby, part of the broom and broom.