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(영문) 수원지방법원 2016.11.01 2016고합485

현주건조물방화

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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

Criminal facts

The defendant operates a company that manufactures processing facilities called C and processes them after.

Around October 2015, the Defendant supplied machinery to F Co., Ltd. (hereinafter “F”) operated by the Victim D’s father, E (hereinafter “F”), and transferred F to another corporation without receiving KRW 28.4 million out of the price, and subsequently, the Defendant was unable to receive the said payment from the wind.

The defendant knew that the victim of E, who is a son, is operating H in the G in the ethic era, and thought that E is exempted from the obligation and again, he was running a business in the name of son.

At around 23:00 on August 12, 2016, the Defendant: (a) laid the gasoline gate prepared in advance at the entrance of the horse of the above H; (b) laid the gasoline gate on the floor; and (c) laid the gasoline gate on the floor; (d) however, the Defendant did not flow up to the inside of the building; and (c) turned the gasoline gate into the math.

The Defendant continued to spread the gasoline on the lower right side of the 3rd vehicle of the Iwning 3rd vehicle that was parked on the wall of the left side of the entrance of the building and on the lower right side of the 3rd vehicle of the building, and had the lower right side of the said vehicle and the upper side of the entrance door of the 3rd square meters of the wall of the left side of the entrance door.

As a result, the defendant set fire to a factory owned by the victim who is residing in J, his wife, K, and son L, so that the total amount of repair cost is required to be exceeded 3.77 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Statement of police seizure;

1. Report on internal investigation of the police (the other party investigation of the victim and CCTV investigation) and each police investigation report (the investigation of the vehicle used by the suspect, the investigation of the MM-sports vehicle, the clothes of the suspect, the identification of the suspect, the confirmation of the uniforms of the suspect at the time of committing the crime, the confirmation of whether the victim J and his/her family members are alive, and the cut-off oil kept in H);

1. Weighting on the side of the vehicle, estimate for motor vehicle, estimate for construction of H wall body, and response to the request for appraisal;

1. On-site photographs, CCTV image data, and