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(영문) 수원지방법원 2017.08.10 2017고합257
현주건조물방화등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, as a hereds of the victim C, worked as a custodian of the “EM”, which is the victim of the victim in ethic City D, but was able to receive remuneration from the victim.

1. On May 4, 2017, the Defendant: (a) around 10:00, on the surface of the building located adjacent to the instant pentathy site; (b) made gasoline fluor flown into the said warehouse in front of the storage site of the bridge-gu Dog-gu; and (c) attached the dluter by attaching it to the dluter, via a warehouse consisting of a wooden tree and a stithe panel, the Defendant was on the wall surface and the roof of the 2nd brickd building.

As a result, the defendant set fire to and destroyed the second floor outer wall and roof of the victim's house, which is the victim's ownership, to be used as a residence.

2. The defendant continued to attempt to prevent fire to a general building A, moving the building near the above accommodation building, intending to shot away gasoline on the floor of the first floor, and setting fire to 2 chairss located in the above building by attaching a fire with a thrower, but the fire officer dispatched after receiving a report to 119 did not achieve that purport.

Accordingly, the defendant tried to fire the above A Kafa building used by customers using the above pentfash as restaurant.

In the attempted attempt, the above A Kafa had four chairs and the side walls of the chairs in the above A Kafa, and had them removed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the results of field identification;

1. Application of the photographic Acts and subordinate statutes;

1. Article 164 (1) of the Criminal Act applicable to the facts constituting an offense (the occupation of the current building and fire prevention, the occupation of imprisonment with prison labor), Articles 174 and 166 (1) of the Criminal Act (the occupation of attempted general buildings and fire prevention);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes with the punishment prescribed for the crime of fire-prevention of a string building with heavy punishment);

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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