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(영문) 울산지방법원 2016.06.03 2016고합104
현주건조물방화미수등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 19, 2016, the Defendant committed fraud using the PC at the “E” room of the victim D’s operation in Ulsan-gu, Ulsan-gu, Seoul-gu, and as if the cost would be calculated normally.

However, the defendant did not have the intention or ability to pay the price normally even if he uses the PC, because the cash in his possession was only 1,000 won.

The Defendant, by deceiving the victim, used the said PC for about seven hours, and did not pay the price, thereby acquiring pecuniary benefits equivalent to KRW 6,000 for usage fees.

2. In order to avoid paying the cost of using a PC after using the PC as set forth in paragraph 1, the Defendant was willing to leave the above PC toilets by setting fire to and escape from the above PC toilets.

On January 19, 2016, from around 05:46 to around 06:00 on the same day, the Defendant: (a) was aware of the fact that the instant PC toilets could cause fire to a building; (b) even though he was in possession of the PC toilets, the Defendant put a fire to the said suspension.

The Defendant tried to set fire to the above D and the above PC building that had been kept by the said D and customers, but did not realize the intent of the said D’s speech that the PC was not influent toilets, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation (in-depth chief of the scene and face-to-face victim notification);

1. Each investigation report (specific suspect's identity, results of appraisal on paper and World Cup collected at the scene, hearing statements from victims);

1. Application of the Acts and subordinate statutes governing CCTV images, such as a report on the occurrence of the report, on-site photographs, reports on the results of field identification, on-site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 174 and 164 (1) of the Criminal Act (the fact that the existing structure and the attempted crime are committed, the choice of imprisonment), and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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