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(영문) 서울남부지방법원 2014.12.12 2014고합440

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

"2014, 440"

1. On June 14, 2014, when committing the crime of paragraph (3) below, the Defendant: (a) called the victim C, who was the mother of the Defendant, and asked the Defendant to contact with his mother; (b) however, the Defendant was able to see that the Defendant did not contact with his mother; and (c) thought that he did not contact with the victim’s house.

On October 13, 2014, at around 01:10, the Defendant: (a) placed gasoline in the front corridor of an apartment used by the victim, etc., in the Yangcheon-gu Seoul Metropolitan Government D and 102 Dong 701, as a residence; (b) placed gasoline in the entrance door as a stringer; and (c) failed without putting it into a stringer; (d) placed gasoline in the string machine, which was suffering from a stringus, with a stringer, and string it into a stringer. However, the Defendant failed to commit an attempted crime, even though the string machine was left away from the floor of the stringer.

As a result, the defendant tried to extinguish the apartment house with the market price of KRW 500 million owned by the husband of the female, which is used by the victim C as a residence by setting fire, but did not bring about such intention and did not commit the attempted crime.

"2014, 446"

2. On June 14, 2014, around 22:30 on June 14, 2014, the Defendant used assault in the “H” restaurant operated by the victim G (W, 52 years of age) located in Gangseo-gu Seoul Metropolitan Government F, by putting the victim’s shoulder by hand on the wall for the reason that the victim did not sell the Defendant’s food, and assaulted the victim at one time at the right side of the victim’s right side by drinking left.

3. The Defendant damaged the property by gathering the tables and chairs on the date, time, place, etc. described in paragraph 2, and destroying the entrance door door door door in the market price not owned by the victim G due to a bad drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to C, G, and I;

1. Protocols of seizure and the list of seizure, photographs of seized articles and photographs of the defendant;

1. Investigation report (on-site CCTV confirmation and investigation), on-site CCTV photographs, investigation reports (to hear and report on the statements of reference);