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(영문) 서울동부지방법원 2018.05.31 2018고단1281
현주건조물방화예비등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, who carried out the clothing of C Co., Ltd. with the victim B as a director, was not paid approximately KRW 270,000,000 for the supply price from the said C Co., Ltd.

1. On February 14, 2018, the Defendant, in preparation for fire prevention of existing buildings, purchased gasoline 5 liters at the gas station around 13:00 and divided it into 2 litress. On the same day, around 13:20 on the 13:20 day, the Defendant found in the 2nd floor office located in Gangdong-gu Seoul Metropolitan Government D, found the household office floor, victim B’s clothes, and the Defendant’s clothes, putting the gasoline into her hand and her hand “I cannot die;”

The victim and the police officers called "the deceased" did not put a fire at the end of the 20th speech between the victim and the police officers dispatched.

Accordingly, the defendant was prepared to commit a fire to the above office, which is the existing building.

2. Special intimidation: (a) at the same time and place as above, the Defendant showed that gasoline, which is a dangerous object, she she shelshes in the victim E’s clothes and the office floor and she she welters; and (b) the victim “in order to resolve the outstanding amount of 30 minutes, she puts the victim hotly as if the Defendant did not respond to the Defendant’s request.

Accordingly, the defendant threatened the victim with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Investigation report (Attachment to photographs taken at the time of dispatch to the scene), investigation report (Attachment to the image in which the person under consideration has a stringer and a page for seizing a stringer from the person under consideration, and attaching a photograph to a stringe photograph containing a stringer);

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions of the Criminal Act and Articles 175, 164(1) (a) and 284, and 283(1) (a) of the Criminal Act (a special intimidation and a choice of punishment for imprisonment);

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. The Criminal Act, the suspension of execution;

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