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(영문) 대구지방법원 김천지원 2017.06.13 2016고합19
현주건조물방화미수등
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

Criminal facts

[criminal history] On May 14, 2014, the Defendant was sentenced to imprisonment with labor for one year due to a violation of road traffic law in the Daegu District Court Kimcheon-cheon support, and completed the execution of the sentence on February 6, 2015.

[2016 Gohap 19]

1. On October 15, 2015, the Defendant, who attempted to commit fire to the present owner’s building, was in a newspaper covered by the Defendant, etc. at the new site where he/she was under the influence of alcohol in a house where the Defendant and his/her mother, the Defendant, and the Defendant, living together with the Defendant, live together with the victim D(M, 68 years of age) who are the mother of the Defendant, and was living together with the Defendant.

A one-time stop shall be attached to the gas string, and the gas string shall be cut to the gas string and fire by attaching a fire to the gas string. However, the victim was unable to achieve the purport by inserting the smell on the floor of the string and the string of the string-in newspaper with fire, and by extinguishing the string of the string-in newspaper with fire into the toilet changing machine.

Accordingly, the defendant tried to extinguish a house used by a person as a residence.

There was an attempted attempt.

[2016 Gohap 165]

2. On February 13, 2016, the injured Defendant: (a) brought an injury to “F” located in Kusi-si, Sinsi-si, Sinsi-si, on the ground that the injured party G (the remaining, 54 years old) told the Defendant to challenge the Defendant’s daily activities with H, the Defendant was able to do so; and (b) brought an injury to the victim’s head, such as double fluor, where the period of treatment cannot be known.

3. On the date and time set forth in paragraph 2, the Defendant: (a) was unable to avoid disturbance, such as: (b) the instant “F” operated by the victim I (n, 60 years of age); (c) the Defendant was in dispute with H, the Defendant’s driver; and (d) the head of G, who gets off the head of G, as the main of the disease; and (c) the Defendant was broken off on the floor of the relevant main disease.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

[2016 Gohap 19]

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Written Statement;

1. A report on investigation and an on-site photo;

1. The history of the offence in its ruling:

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