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(영문) 대전지방법원 천안지원 2016.07.06 2016고합46

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on June 20, 2015, the Defendant, at around 01:00, tried to put a studio with the Defendant’s female-friendly C (the age of 31) and the horse-friendly group C (the age of 31), did not have attempted to put the Defendant’s studio with the Defendant’s house located in Nam-gu, Nam-gu, 01:40 from around 01:0 on the same day to around 02:00, at the Defendant’s house located in Nam-gu, Nam-gu, Nam-gu, 05, to put the plastic string above the string, to put it into a string, and to put it into a string so that it can be easily attached, and then destroyed the studio with the Defendant’s name of the non-resident other than C, but the Defendant did not have attempted to put him to the wind attached to the string.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. C Police Statements;

1. Each photograph;

1. The arrest report of the occurrence of the case, and the report of internal investigation (the defendant, at the same time, put a case in the front door and put it into the front door and did not intend to extinguish the studio;

The argument is asserted.

However, the intention as a subjective element of this crime is sufficient to the extent that it can be used as a residence for the purpose of the occurrence of a fire, or without the need to actively desire or desire to extinguish a fire, or may cause burning by setting fire to a building in which people exist, and the degree of recognition is sufficient with dolusence.

The following circumstances revealed in accordance with the above evidence, namely, ① when a police officer called up upon receipt of a report from C arrives at the site, the Defendant was at the view of a hole in a hole without taking any measures to extinguish a fire, ② there is no evidence to support the Defendant’s assertion that the Defendant spreaded water around the room to prevent a fire, ③ there is no evidence to support this.