beta
(영문) 서울중앙지방법원 2012.12.21 2012고합1113

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. A suspender building or an attempted fire prevention;

A. On March 1, 201, at around 16:00, the Defendant was suffering from Simna 4 and 201 in his house of Gwanak-gu, Seoul Special Metropolitan City, Nowon-gu, for the purpose of destroying things or making decisions due to the influence of acute alcohol addiction, etc. on the day, the Defendant failed to attach a newspaper site and attempted to extinguish the victim D or E-owned loan, which is used as a residence by three persons, including the Defendant, on the floor of the room, and tried to extinguish the above loan by fire. However, the Defendant did not immediately discover it and to extinguish it with the wind.

B. On November 201, 201, the Defendant: (a) was suffering from ordinary alcohol dependence on the Defendant’s house at around 00:00, and (b) was under the influence of acute alcohol addiction, etc. on the day, and (c) was in the state of having the ability to discern things or make decisions due to a lack of capacity to discern things or make decisions, and (d) was attempted to extinguish the victim D or E-ownership loans used by three persons, such as the Defendant, etc., as a residence by attaching a fire to the room room; (b) however, the Defendant did not immediately discover and extinguish them, but did not commit an attempted crime on the wind.

2. Around 03:00 on August 8, 2012, the Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc., threat to the existence of a deadly weapon) refers to, without any particular reason, the victim D (year 71) who suffers from suffering from symptoms of normal alcohol dependence on the Defendant’s house and lacks the ability to discern things or make decisions due to the influence of acute alcohol addiction, etc. on the day, and without any specific reason, the Defendant sent the cable line ( approximately 150 cm in length) which is a dangerous object to the victim’s item, and cut off in the victim’s knife, knife, and take the kitchen, which is dangerous for the Defendant to enter the kitchen (23 cm in length).

Accordingly, the defendant, who is a lineal ascendant, was in danger of deadly weapons or other danger.