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(영문) 인천지방법원 2020.06.16 2020고합210

공용건조물방화

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 12, 2020, from around 13:03 to 13:20 on the same day, the Defendant entered the 3-story passenger terminal of the Incheon International Airport No. 2 passenger terminal of the Incheon International Airport No. 446 as the 2 terminal of Jung-gu, Incheon, into the third right side, and opened a new lid at the newspaper held in advance, attached a lid with a stringer, and laid off as a stringer, and turned off the unclaimed newspaper. However, only part of the stringer, etc. were melted and cut off.

Thus, the defendant tried to extinguish the building, which is a building for public use by setting fire, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Each police statement made against B, C, and D;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Application of Acts and subordinate statutes to a report on investigation (case concerning field identification) and a report on investigation (other party to CCTV of Incheon International Airport);

1. Relevant Articles of the Criminal Act and Articles 174 and 165 of the Criminal Act concerning the crime;

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. As to the assertion that the defendant did not have a fire, the defendant and his defense counsel asserted that there was no fire-prevention as stated in the facts of crime in the judgment of the defendant.

However, according to the evidence duly adopted and examined by this court, ① from March 12, 2020, the Defendant, from around 12:31 to around 31, 2020, opened a newspaper in a green shopping bag in the third floor of the passenger terminal of Incheon International Airport, was placed in the green shopping bag again. At around 13:03, the Defendant used green shopping bags and entered the third floor of the above building, which was the scene of the instant crime, into the third floor of the building. At around 13:10, the Defendant returned to the entrance and surroundings of the above toilet, and then re-exploited the green shopping bags around 13:20.