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(영문) 서울동부지방법원 2016.02.05 2016고합3
현주건조물방화예비등
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

1. On December 15:30, 2015, the Defendant in preparation for fire prevention of the present state building was unable to carry out the business run at the house of the Defendant No. 202 located in Songpa-gu Seoul Metropolitan Government, D loan 202, the five-story building located in Songpa-gu, Songpa-gu, Seoul, and caused creditors to suffer losses and losses. On the other hand, E, the wife, who was in the middle of the mixed state, was fluoring of the Defendant’s house and was fluoring the Defendant’s house to commit suicide by using the cresh of the bath, connected with the gas bags located in the main bank, and cut the gas pipe, cut the gas pipeline, connected with the gas bags located in the main bank, and did not put them up on several occasions, but did not put them into force (No. 1).

As a result, the defendant was prepared for the purpose of setting fire to and burns a structure used by a person as a residence.

2. The Defendant, at the time and place specified in paragraph 1, cut urban gas pipelines using a food knife as above, and emitted gas from approximately 20 minutes in the Defendant’s house.

Accordingly, the Defendant released gas, thereby causing danger to human life, body or property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of seized articles, cut urban gas pipeline photographs, knife photographs, certified copy of register;

1. Application of the existing Acts and subordinate statutes of one Rater (No. 1) seized;

1. Relevant Articles 175 and 164 (1) of the Criminal Act (the preliminary point of the current main building and the prevention of fire) concerning the facts constituting an offense, and Article 172-2 (1) of the Criminal Act (the point of gas emission);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime of gas emission with heavier punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The sentencing criteria do not apply to the crime of gas release, since the crime of preliminary crime against the main building and fire-prevention on the reason of sentencing under Article 48(1)1 of the Criminal Act is a preliminary crime, and the sentencing criteria are not set.

(e).

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