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(영문) 수원지방법원 성남지원 2016.04.27 2015고단2372

현주건조물방화예비

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant leased and resided underground of the victim D(90) located in Sungnam-si, Sungnam-si, and forced to leave the house by compulsory execution procedures during the period of contract, which had not been withdrawn even after the expiration of the contract period. On July 18, 2015, the Defendant sought the house of the said victim on July 13:50, 201, and put the said house into fire by using a stop and a stop, which was held in advance before the said house.

Accordingly, the defendant prepared a fire to a building that people use as a residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Seizure records;

1. Application of statutes on site photographs;

1. Articles 175 and 164 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, comprehensively considering the motive, background, means and consequence of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment and other conditions of sentencing as shown in the pleadings. In particular, even though the Defendant’s fire prevention crime of this case was committed in reserve, it is disadvantageous to the Defendant that it is a dangerous act that may threaten a large number of human life and property, and it is an contingent crime committed in the state, and the Defendant is divided into the instant crime, taking into account as normal materials favorable to the Defendant.