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(영문) 대구지방법원 2020.01.21 2019고단5794
현존건조물방화예비
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a guest of the “D” game room in the Glock-gun C, which is operated by B.

On October 17, 2019, the Defendant committed an alcoholic beverage as drinking time with the completion of the game room business on the new wall, but B promised to do so without complying with it.

On October 17, 2019, the Defendant: (a) around 09:00, at around 09:00, 3,000 won in the “F gas station” located in B, and (b) found 2-liter of gasoline purchased as the above game site in a empty water tank; (c) at the entrance of the game site, the Defendant stated that “if he does not want to kill gasoline due to the increase of the number of times, she would have caused the death of the said game site employees, she would turn off the Marop?”; and (d) thereafter, the Defendant spreaded the degree of 50 meters of gasoline from the stairs at the entrance of the first floor of the building, in which she entered the game site.

As a result, the defendant was prepared for the purpose of setting fire to the building in which people exist, such as G and customers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G and B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Fran oil, CCTV and field photographs), investigation reports ( Results of request for appraisal);

1. Article 175 of the Criminal Act, Articles 175 and 164 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the following conditions shall be determined by comprehensively taking account of the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, and the various conditions of sentencing as ordered.

D. Unfavorable circumstances: The defendant's crime of setting fire to the suspend building by using gasoline is not easy in light of the circumstances and contents of the crime.

The favorable circumstances: the defendant recognizes his act and reflects his act.

The victim shall be punished by mutual consent with the victim.

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