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(영문) 부산지방법원 서부지원 2018.10.04 2018고단1731
현주건조물방화예비
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2018, at around 15:00, the Defendant 406-dong 803 of Busan Northern Complex C, with a narrow and inconvenience, and requested the apartment management office to remove a small wall, and requested it to remove the small wall, and thus, he was rejected, the Defendant saw the fire by using a string with a string in the apartment with a string.

“At least several times,” in order to attach a fest tear in which sound-friendly freshing fresh was carried out, a dance was attempted to turn on gas fresh in gas fresh in order to attach a fire.

However, neighboring residents who listen to the voice of the defendant's fire could restrain the defendant, and the defendant could not get the defendant to have the spawn of the spawn of the spawn which the defendant had been spawned.

Accordingly, the defendant was prepared for the purpose of preventing the present state building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article 175 of the Criminal Act, Articles 174 (1) and 164 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and order to attend lectures is an act with a high risk in itself, and may lead to a large loss of human life, which is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the confession of the defendant, the fact that the crime of this case was committed in the preparation of the crime, the fact that there was no actual damage to the defendant, and the fact that the defendant had no same criminal record, the punishment as the order shall be determined by comprehensively taking into account all the factors of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime,

It is so decided as per Disposition for the above reasons.

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