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(영문) 대구지방법원 2015.12.04 2015고단5002
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 24, 2015, around 07:10 on July 24, 2015, the Defendant, in front of the Victim C’s house located in Daegu Northern-gu B, had been found to have properly changed the amount of wages to the victim during that period, and had not been given the victim’s wages at once, but did not provide the victim’s wages at once, the Defendant saw the victim’s house, and 2 of the portable butane gas tank, which had been prepared in advance, distributed the light oil contained in the oil tank of 20-liter capacity in front of the said gate, and saw the light oil contained in the oil tank of 20-liter capacity, and saw it to flick with the Japanese dump and f

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Protocols of seizure and the list of seizure, and respective descriptions of requests for expert evidence;

1. Application of statutes on images of on-site photographs;

1. Articles 175 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is deemed to be a large fire that may cause serious consequences. As such, the Defendant’s responsibility is not to be minor.

However, in light of the sentencing conditions favorable to the defendant, such as the fact that the crime of this case was committed in the preliminary, the victim expressed his intention not to punish the defendant, and the defendant does not have been punished for the same kind of crime, the punishment shall be determined as ordered in consideration of all the sentencing conditions favorable to the defendant, such as the age, character and conduct, and circumstances after the crime.

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