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(영문) 의정부지방법원 2019.07.12 2019고합149

현주건조물방화미수등

Text

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

A seized Rater (No. 3) shall be confiscated.

Reasons

Punishment of the crime

To the extent that it does not infringe the defendant's right of defense, the phrases of the facts charged were partly revised according to the results of the examination of evidence.

On May 18, 2019, the Defendant tried to be admitted to the Support Center for Voluntary Restoration at the Government of the Republic of Korea on the ground that he/she had drinking alcohol, but was refused to be admitted on the ground that he/she had drinking alcohol, and later, he/she had drinking alcohol to the new wall, and had fluenced his/her life under the influence of alcohol, and flaced his/her car

1. The property damage and the property concealment on May 19, 2019, at D apartment managed by the victim C in the Gu government-si, 07:50 on May 19, 2019, the Defendant: (a) moved from the place to the first floor parking lot in the city of the Fdong, where the fire station in the city, which was located within the waterproof hole, was located in the forest located in the flower at the Gu government-si; (b) and (c) caused the destruction by cutting down the 80cc away from the place in a shaking, and then destroyed it. (c) On the same day, around 08:08, at the 24th floor of the above apartment E-dong, the Defendant arbitrarily moved the fire station in the city, which was located in the waterproof hole, to the first floor parking lot in the city of Fdong.

2. 현주건조물방화미수 피고인은 2019. 5. 19 08:33경 위 D아파트 F동 지하 1층 주차장에 있는 공동점검구 안에 화장지와 종이박스를 넣고 소지하고 있던 라이터로 그곳에 불을 붙인 다음 그곳에 합판을 집어넣고 위 나무지지대를 부지깽이로 활용하여 불을 더 키워 약 80세대가 주거로 사용하고 있는 위 아파트를 소훼하려고 하였으나, 위 아파트주민의 신고를 받고 온 위 아파트 관리실 직원 G 등이 소화기로 불을 끄는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A report on seizure, the list of seizure, voluntary submission, seized articles, site photographs, reports on the results of field identification, and on-site photographs;

1. On-site reports (the verification of CCTVs in underground parking lots, the verification of parking vehicles booms), investigation reports, the verification of CCTV images in underground parking lots, and black booms.