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(영문) 대구지방법원서부지원 2020.12.17 2020고합245

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant was the third child among the 3 South and North 2 women of the victim B (the 85 years old), and the defendant was dissatisfied with the problem of inheritance property.

1. Around August 18, 2020, at around 14:58, the Defendant: (a) brought two gasoline-types containing gasoline, which is a dangerous thing due to drinking drinking, in the victim’s residence in Seongbuk-gun; and (b) threatened the victim into the ward, and threatened the victim with a fire on the victim’s house by spreading gasoline on the floor.

Accordingly, the defendant threatened the victim with carrying dangerous things.

2. The Defendant, who received a report of 119 from the victim by the act mentioned in the preceding paragraph, was removed by the fire officer and the police officer, and voluntarily carried out to the police box for the Sungju Police Station, and returned home after receiving a warning of re-offending.

At around 16:45 on the same day, the Defendant was arrested as a flagrant offender by a police officer who was dispatched to a police officer on the victim’s house for the purpose of finding a fire by finding it again. On the other hand, the fire officer, who was called upon the victim’s report, removed fluor gasoline and put the Defendant into a fluor who was on possession of a fluor on the floor of the living room after removing the fluor oil.

Accordingly, the defendant tried to commit fire to the main building, which was prevented by police officers, and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. B and E’s written statement of each police officer’s statement, and the application of Acts and subordinate statutes to report internal investigation (in relation to attachment of field photographs) on the seizure list;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (Special Intimidations and Selection of Imprisonment) of the Criminal Act concerning facts constituting an offense, and Articles 174 and 164(1) of the Criminal Act (the fact that the present main building and the attempted crime, and the choice of a limited term of imprisonment);

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;