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(영문) 의정부지방법원 고양지원 2019.10.22 2019고합199
현존건조물방화미수등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On August 19, 2019, at the first floor of the instant building, the Defendant: (a) filed a report on the 112-time complaint with the victim’s “D” located on the first floor of the instant building; (b) around August 19, 2019, the Defendant: (c) sent a fire to the victim’s wife; and (d) filed a report on the 112-time complaint with the customers to throw away tts; (d) however, the Defendant, who was prepared to do so in advance, sent a fire to the adjacent garbage wing site using the racker (Evidence No. 1) prepared to do so; and (e) destroyed the fire to the victim’s plastic in front of the instant main point; and (e) caused public danger by setting the fire.

The Defendant attempted to commit fire to the existing building of this case, at the above date, at the above place, discovered that the merchants around the above main point observed the said plastic sleep, and discovered that the said plastic sleeped after being sleeped. At around 03:40 on the same day, the victim E, etc. who owned the building of this case tried to fire the building of this case in which there are existing victims E, etc. who owned the building of this case, but failed to commit an attempted fire by the fire officers dispatched after receiving the report 119.

Summary of Evidence

Articles 167(1) (general fire prevention) and 174(1) (general fire prevention) of the Criminal Act and Articles 25(2) and 55(1)3 (Attempted Crime Prevention of Existing Buildings) of the Criminal Act to increase concurrent crimes under Article 37(2) of the Criminal Act, the former part of Article 37, Article 38(1)2 of the Criminal Act, and Article 50(2) of the Act to increase concurrent crimes under Article 55(1)3 (Attempted Crimes) of the Criminal Act (Article 37, the former part of Article 38(1)2 of the Criminal Act, Article 50(2) of the Criminal Act (Article 62(1) and Article 51(2) of the Act (Article 50(2) of the Criminal Act to the extent that the punishment is aggregated with the punishment prescribed in the crime of attempted destruction of existing buildings with heavy penalty).

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