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(영문) 의정부지방법원 2015.09.24 2015고합191

현주건조물방화미수

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

The defendant is a person who collects historical water and lives alone.

around 13:43 on June 24, 2015, the Defendant was running a house in Yangyang-si. On the other hand, “A house site was owned by the Defendant, which was unfairly deducted from the ownership of another person”, the Defendant went away on the network, so that he would drive away the people living in the above C house, and in advance, three of the portable butane gas was stored in the distribution for the empty space prepared in advance, and 3 parts of the portable butane gas were collected in total by putting 9 parts of the rush on the rush, and then putting the gasoline into the rush and 9 parts of the rush gas was laid down in the rush.

As a result, the Defendant tried to extinguish the above C Housing which 3 households, such as D's family members, live in and located in two commercial buildings, such as a window dressing store, but D' residing in the fourth floor of C Housing, was unable to bring water out to the wind of the above food distribution and failed to bring water out.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (written two times);

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A report on the results of field identification;

1. Legal and chemical appraisal statement;

1. Disposer photographs, CCTV image photographs;

1. Application of existing Acts and subordinate statutes of one disposable Round (No. 1) seized;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant, in the second floor of a house in which three households reside and two commercial buildings are located, 9 portable butane gas was stored in the empty distribution, and then, blring and burning gasoline on the part of the second floor of the house in which three households live, and a portable butane gas was explosiond by attaching gasoline to it. The crime of this case is a large amount of fire.