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(영문) 인천지방법원 부천지원 2020.05.15 2020고합42
현주건조물방화등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2019, the Defendant is a tenant of the “D Building E” unit of the operation of the D Building located in Bupyeong-si B, Bupyeong-si around November 28, 2019, and several persons, such as F, reside in the D Building.

1. On December 16, 2019, the Defendant attempted to commit fire to the present building: (a) around 16:00, at the “D Building E unit,” the Defendant returned the room that he paid to the said C at the “D Building E unit; (b) but C refused to do so; (c) however, the Defendant attached the e unit to the e unit using a disposable bag purchased from the convenience store located on the first floor of the said building, but did not move to another object.

Thus, the defendant tried to extinguish a fire to a building in which people reside, but did not commit an attempted crime.

2. At around 16:30 on December 2, 2019, the Defendant: (a) confirmed that the fire attached to the container was removed from the container in the “D Building E site; (b) marked waste inside the verification vinyl which was in the stop site of the vehicle, with a single-use container attached a fire, and then covered the fire on that part; and (c) put it over to the entire heading unit E in its influor.

Accordingly, the Defendant destroyed the fire restoration cost of KRW 5,778,300 among the “D building” used by a person as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Records of seizure and the list of seized articles, photographs of seized articles (No. 1 logs);

1. A report on the results of field identification;

1. Written estimate for fire restoration works in D buildings;

1. Application of the Acts and subordinate statutes concerning the photograph of a D building at the scene of damage, and CCTV image of a D building;

1. Relevant provisions of the Criminal Act and Article 164(1) of the Criminal Act (the occupation of the present main building and fire prevention, the occupation of a limited term, the choice of a limited term) to commit the crime, and Articles 174 and 164(1) of the Criminal Act (the occupation of the present main building and fire prevention, and the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (an aggravated punishment for concurrent crimes with the punishment prescribed for the principal building, structure and fire prevention heavier than the hostage);

1. Article 53 of the Criminal Act for discretionary mitigation.

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