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(영문) 서울남부지방법원 2015.04.02 2014고합571

공용건조물방화예비

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 21:30 on November 30, 2014, the Defendant, while drinking alcohol at a restaurant where the name of the Defendant’s house located in Seodaemun-gu Seoul Metropolitan Government is unknown, reported the news that “the National Assembly would raise the tobacco value.” The Defendant, who purchased one liter (No. 3) on the National Assembly box, purchased one clicker’s flicker at a clicker shop located in the vicinity of Yeongdeungpo-gu Seoul Metropolitan Government, and was urged by the police officer called “I flick” in the front of the National Assembly’s sentiments located in Yeongdeungpo-gu Seoul Metropolitan City, and was dispatched by the police officer.

As a result, the defendant prepared fire prevention such as preparing a width for the purpose of preventing fire to the National Assembly's death, which is a public building.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, E, and F;

1. Application of seizure records and photographs of seized articles to the Acts and subordinate statutes;

1. Articles 175 and 165 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is not likely to be committed by notifying the police who patrols the National Assembly that the defendant, who was a public building, purchased a spice to purchase the spice for the purpose of leaving the spice to the National Assembly. However, the crime of this case is not committed even if the defendant knew that the spice on the defendant, who was a public building, would lose the National Assembly.

However, in light of the fact that the defendant has no criminal record of punishment, that the defendant attached to the police before the National Assembly's ruling does not cause any substantial damage to the building itself, such as the National Assembly's death, that the defendant separates and reflects his fault, and that other factors of sentencing as shown in the arguments of this case, including the defendant's age, character and behavior, family environment, motive for committing the crime, and circumstances after committing the crime, are comprehensively considered.