(영문) 부산지방법원 2014.06.27 2014고합284

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(영문) 부산지방법원 2014.06.27 2014고합284

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2014, at around 02:10, the Defendant prepared for the purpose of setting fire to the house used by his family as his residence by setting aside a knife for drinking alcohol from the victim E, who is the Defendant’s wife, and for drinking alcohol from the above apartment. On March 30, 2014, the Defendant: (a) opened a kitchen gas valve; (b) opened a gas valve in a knife; and (c) opened a gas valve in a knife gas; and (d) opened a gas valve in a knife with gas.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (limited to a criminal behavior tool and well-known gas pipes);

1. Articles 175 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. In light of the fact that a fire may cause serious damage to the lives and property of a large number of households if a fire occurs due to an apartment house in which the defendant prepared the prevention of fire for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, and that the crime of the crime of the crime of the crime of the case of the case of this case is committed on the grounds that the defendant was killed for a minor reason, and that the crime of the crime of the case of this case is less dangerous than that of the fire prevention.

However, considering the facts constituting the instant crime in light of the circumstances, such as the Defendant’s age, character and conduct, environment, and circumstances after the commission of the instant crime, the fact that the actual damage was not incurred due to the instant crime, the victim does not want to be punished, and the Defendant has no record of criminal punishment other than three times, etc. in favor of the Defendant, the punishment as ordered shall be determined by taking into account the following factors: the Defendant’s age, character and behavior, environment, and the conditions of sentencing as

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