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(영문) 부산지방법원 서부지원 2019.01.17 2018고합247
현주건조물방화미수
Text

The defendant shall be exempted from punishment.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On September 30, 2016, the Defendant was sentenced to two years of imprisonment for similar rape, etc. in the Busan District Court on July 28, 2018, and completed the execution of the sentence in the Busan District Court on July 28, 2018, and on September 13, 2018, the Defendant was sentenced to three years of imprisonment for the purpose of destroying the present state building and fire in the Busan District Court Western Branch, and the judgment became final and conclusive on December 20, 2018.

On July 28, 2018, the Defendant was released from the Busan prison on July 28, 2018 and was at the appropriate place for fire prevention and fire prevention in order to be detained again in the prison.

1. On July 30, 2018, around 08:50 on July 30, 2018, the Defendant: (a) borrowed “D”, the victim C, located in Busan Jin-gu, Busan; (b) was put to a garbage bag by using a coverter, which was discovered a waste container accumulated on the side of the first floor building columns of the piloti structure; (c) but was not found by a manager in an unexpected name and fire-fighting; and (d) was not committed to such an attempt.

2. On July 30, 2018, around 09:20, the Defendant discovered waste bags accumulated on the part of the first floor parking lot columns of the piloti structure and added fire to the garbage vapor, but the Defendant did not commit attempted crimes by discovering the waste and extinguishing fire therein.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Seizure records;

1. On-site photographs, CCTV images, and criminal tools photographs;

1. Previouss before judgment: Application of criminal records, inquiry reports, and investigation reports (report attached to judgment)-related Acts and subordinate statutes;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the selection of a limited term of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Handling concurrent crimes and exemption of punishment: The latter part of Article 37 and Article 39 (1) of the Criminal Act (the following reasons for exemption from punishment);

1. The defendant is obliged to be exempted from punishment under Article 48(1)1 of the Criminal Act;

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