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(영문) 대전지방법원 천안지원 2017.05.11 2017고단621

현주건조물방화예비

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is the husband, filed a divorce lawsuit by the husband, went to a house while leaving the house, and tried to see C with his house. However, C was living on the ground that C continued refusal of conversation with the Defendant, and was in mind of having his life attached to the studio residing in C, and the Defendant was able to commit suicide.

Accordingly, on December 22, 2016, the Defendant saw the gasoline for bubter, which was kept in custody in the defendant's house warehouse located in Nam-gu, Nam-gu, Nam-gu, Seoul, as of December 22, 2016, in plastic living bottles. On the same day, around 22:00 of the same day, the Defendant found it in the bubroom where C resided in Nam-gu, Nam-gu, and 201.

In order to attach the following fire to the body and the floor of the defendant's body when C refused to communicate again, it was in possession of gasoline prepared in advance.

800 1.00 1.00 1.

was made.

As such, the Defendant reserves fire prevention to a building in which people exist.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s self-written statement;

1. On-site photographs;

1. Seizure records;

1. Application of the statutes of the response request for appraisal;

1. Articles 175 and 164 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation include the fact that the defendant is recognized to and against the crime, the fact that the defendant committed the crime in this case under the mental and physical weakness due to mental disorder, such as a bipolartic disorder, etc., there is no history of criminal punishment heavier than the fine, the defendant's husband C does not want to be punished, and other various sentencing conditions such as the defendant's age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc. shall be determined as per the order.