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(영문) 의정부지방법원 고양지원 2014.05.22 2014고합18

일반건조물방화미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On June 4, 2013, the Defendant considered that he did not have approximately KRW 40,00 and a mobile phone exhauster in cash within the Defendant’s household, which was returned from his employee in his name in the damage club E-Ba-dong, Youngdong-gu, U.S. on June 4, 2013, and that he did not neglect the said employee’s or manager’s foregoing E-Ba-dong, and did so by setting fire to the said E-Ba-dong building.

On June 4, 2013, at around 05:20 on June 4, 2013, the Defendant added one-time gas bags prepared in advance at the employees waiting room and warehouse located in the parking lot of the first floor of the instant E-Ba club building, and at the advertising leaflets he stored above the first half of the company.

As above, the Defendant attempted to extinguish the above E-Ba club, which is a general building, by setting the fire to the above waiting room and the warehouse, but the fire officers reported 119 and failed to take place approximately KRW 15 million in total in the market value, such as the above advertising leaflets owned by the victim and air conditioners, and failed to move the fire to the above general structure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation, etc. and a report on internal investigation (Submission of a written estimate for damage sustained by a victim);

1. Application of the CCTV Acts and subordinate statutes;

1. Articles 174 and 166 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The crime of this case committed by the Defendant under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order to Attending Education, and Article 59 of the Act on the Probation, etc., is about an attempted attempted to extinguish by setting fire to the warehouse of a emulgent and emulgial club building, and the nature of the crime is inferior, and the crime of arson