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(영문) 인천지방법원 부천지원 2015.06.17 2015고단1041
현주건조물방화예비등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant living together with the victim at the house of the victim D of the Orcheon-gu C building 301, the defendant did not open a door when the defendant drinks alcohol, and there was conflict with the victim due to drinking problems such as the defendant's drinking.

around 18:00 on April 28, 2015, the Defendant left the said house while drunk, but did not contact with the victim by changing the identification number of the present house and locking the door, and did so by setting fire to the FM5 car owned by the victim’s wife, who was parked in the said house owned by the victim and the parking lot of the first floor of the said building.

At around 19:10 on the same day, the Defendant purchased a white plastic box at the G metal shop located in the place where the said victim’s house was located, purchased 4.4 liters from the H oil station next to the said purchase box in the above purchase box. Around 19:37 on the same day, the Defendant spawned the light oil into the front corridor of the said victim’s house, and continuously prepared a spawn with oil such as dives in the instant car parking lot where the said victim’s house was parked at that place.

Accordingly, the defendant was prepared for the purpose of preventing fire to a building used by people as a residence and preventing fire to a motor vehicle owned by others.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made by the prosecution against D;

1. Relevant Articles 175 and 164 (1) of the Criminal Act (the preliminary occupation of the current main building and fire prevention) concerning the facts constituting the crime, and Articles 175 and 166 (1) of the Criminal Act (the preliminary occupation of the fire prevention of ordinary automobiles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. has no record of being punished for the same crime, and the order to provide community service and attend lectures has no record.

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