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(영문) 서울동부지방법원 2017.02.02 2016고단3977

현존건조물방화예비

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in the Plaintiff’s relationship with the victim D (V, 57 years of age) who operates a singran business on the first floor of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and the victim was singnicking with the victim, who did not sell alcohol while disregarding himself on September 2016.

Accordingly, around October 26, 2016, around 23:36, the Defendant purchased gasoline at the F gas stations located in Gangdong-gu Seoul Metropolitan Government, and put it in a 330ml beer disease. On the same day, the Defendant sought to find the above 33:40 on the 23:40 day, and sought to sing down the gasoline on the floor of the bar and sing down the said gasoline with a coverter. However, customers G et al., who were in the main place, did not have the intent of sing down against the wind of singing the Defendant while suppressinging the Defendant.

Accordingly, the defendant prepared for the purpose of setting fire to a building in which people exist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each protocol of seizure and list of seizure, each photograph, each written statement, and each investigation report;

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do116, Jan. 1

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;