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(영문) 대구지방법원 포항지원 2018.05.30 2018고단379
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for one year.

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

On October 5, 2017, the Defendant sold to the victim E the “G” cartels owned by the Defendant in the Southern-gu, South-gu, Gyeong-gu, North Korea, for KRW 670 million, without any doubt, for KRW 50 million. On December 5, 2017, after receiving any balance from the injured party, the Defendant was able to withdraw from the said “G” on December 5, 2017.

At around 12:00 on the same day, the Defendant purchased gasoline 10 literss for the purpose of extinguishing the building of the above “G” from 14:30 on the same day to 16:30 on the guidance room of “G” 103 from 14:30 on the same day, the Defendant attempted to prevent the victim and police officers by spreading the gasoline purchased as above to the Defendant’s clothes and the bottom, and moving to the entrance of four butane gas while being kept in the underground room, and then cutting to the Defendant and the police officers of “I will die without giving rise to KRW 50 million out of the G proceeds.”

As a result, the defendant was prepared to use a person as a residence or to damage a building in which a person exists.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement protocol by the police for E;

1. A protocol of seizure and a list of seizure;

1. Investigation report (related to attaching photographs of seized articles) - Four photographs, investigation report (Attachment to the site photographs of the case), four copies of the site photographs, investigation report (related to the site conditions at the time of dispatch), investigation report ( listening to the statements by the victim and the suspect's telephone);

1. The 112 Report Processing table, real estate transaction contract, field identification report, the present state of documentary evidence, photograph eight copies, appraisal report [the defendant and the defense counsel asserted that the defendant only tried to kill his body at the time, and there was no fact that he attempted to cause a fire to G building, but the following circumstances, namely, the defendant's body, as well as his body, can be known from each other.

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