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Reasons
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(영문) 광주지방법원 2013.08.13 2013고단2507
현주건조물방화예비등
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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

[2013 Highest 2507] The Defendant sought to offer a victim E (n, 63 years of age) who operates a cafeteria in Naju City, and a sexual intercourse, but the victim refused to do so, and raised a complaint to the said cafeteria, with the victim’s mind.

1. Around 11:00 on May 20, 2013, the Defendant purchased two parts of the metal store in which it is difficult to identify the trade name in Nauta City F, and reserve the Defendant to prevent the instant structure by hiding it on the part of the toilet near the victim’s restaurant.

2. At around 16:40 on the same day, the Defendant purchased 2L again at the steel store, such as paragraph 1, and prepared to purchase 2L, “I fluor,” fluoring “I fluor,” before the victim’s restaurant, and fluoring the width into the main building by spreading it to his body.

[2013 Highest 2889] Around 17:00 on June 26, 2013, the Defendant put the Defendant into the head of the household, which is a dangerous object at the Defendant’s home (24 cm length, 12 cm length) in order to inflict danger and injury, such as avoiding contact between the victim of the present state building and fire reserve case, and the flat E, which is currently pending in trial at the D cafeteria, and giving hot water to E, and sought the victim.

As a result, the defendant carried dangerous objects that could be used in violence.

Summary of Evidence

[2013 Highest 2507]

1. Statement of each police statement of E;

1. Each police seizure protocol (2013 senior group 2889);

1. Statement of prosecutorial statement concerning E;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Article of the Criminal Act, Articles 175 and 164 (1) of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act concerning criminal facts;

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. Probation under Article 62-2 of the Criminal Act;

1. As for the reason of sentencing under Article 48(1)1 of the Criminal Act, the defendant alternatively led to confession and reflects the crime.

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