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(영문) 대전지방법원 홍성지원 2017.02.15 2016고합91

현존건조물방화미수등

Text

A defendant shall be punished by imprisonment for two years.

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 September 4, 2016, at around 00:15, the Defendant: (a) destroyed a disturbance under the influence of alcohol at the E main point operated by the victim D, which was operated by the budget group C on September 4, 2016, to cover the front glass of the market price of KRW 9.30,00 won owned by the victim, which was located in the reported block block (22cm x 11cm), which was a dangerous object on the street on the ground that the victim would be bad for the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the

2. On October 19, 2016, the Defendant attempted to commit fire to the existing structure: (a) reported 112 the victim filed a 112 report on the ground that a victim G G G in F in the budget-based budget-based on around 00:40 on October 19, 2016, the Defendant discovered that the police officer sent tobacco, which had been frighted on the ground that the police officer had a defect in the mobilization, was imprisoned on the ground that there was a defect in the mobilization; and (b) discovered that there was a fire, but the police officer called out was frighted on the ground that there was a defect in the mobilization.

Accordingly, the Defendant attempted to commit a fire to a building in which people exist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Each police statement made to G, D, and I;

1. Determination of the defendant and his/her defense counsel's assertion of each on-site photograph, field additional photo, estimates, receipts, and field identification (as to the facts constituting the crime No. 2 of the judgment below);

1. Summary of the assertion

A. At the time of committing the instant crime, the Defendant had no intention to prevent fire.

B. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court as to whether the Defendant was intentional or not, at the time of the instant case, at least there was a criminal intent to commit fire to the existing Mana-style structure.

It is reasonable to view it.