beta
(영문) 청주지방법원 제천지원 2020.02.20 2020고합1

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 21, 2019, the Defendant: (a) around 19:30 on July 21, 2019, the Defendant: (b) was drunkly in the building B and residential premises B; (c) and (d) brought about a dispute with the victim D, who was in common possession, due to the influence of alcohol in the building B and residential premises; and (d) was placed in the floor with the victim and co-owner’s co-owner’s name

2. At around 21:00 on the same day as Paragraph 1, the Defendant attempted to commit fire to the present owner’s building and fire, D, who was found at the same place, had the Defendant left the damaged dwelling place and did not return to the place.

Accordingly, the Defendant found E who was operating a restaurant in the commercial building on the first floor of the residential area, and added a paper, paper, clothes, etc. using a dog that had returned to the house after having called “I am Do Do Do Do Do Do Do Do Do Do come from the house.” However, the Defendant did not move the e, which was entered the house by the Defendant, into the house, to the house.

After all, the defendant, including E, tried to kill a building used as a commercial building or residence, but attempted to commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of E, F, and D;

1. Written statements prepared by D;

1. Police seizure records;

1. Determination as to the defendant and his/her defense counsel's assertion of investigation report (Listening to the Eline Statement of Witnesses)

1. The main point of the argument is that the paper frank was put in the pande in order to enable the her spouse to return to the her home after the husband's fighting, and there was no intention to commit fire to the main building.

2. Determination

A. In order to establish the relevant legal doctrine, it is necessary to commit an act of setting fire and setting fire to a residence or setting fire to a building in which people are present, but such intention should be planned or confirmed.