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(영문) 서울동부지방법원 2016.07.06 2016고단899
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for one year.

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

On April 2, 2016, the Defendant appealed that around 06:05, the Seoul Songpa-gu Seoul Metropolitan Government Office and the office of the direct market merchant's association in front of the office, and that D, the president of the Pyeongtaek-gu Office and the president of the cooperative, do not actively resist the transfer issue of E, put in the above office to attract social interest, buy in advance and prepare to attract gasoline on the b24 paper containing 224 butane gas that had been purchased and prepared to purchase in advance, and put gasoline on the floor into the above office, and set the gasoline up on the floor.

Although members in the office were about to put a fire, they did not turn on the ground that they prevented the defendant.

Accordingly, the defendant prepared for the purpose of setting fire to and burns a building in which people exist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. Written statements prepared in D;

1. Seizure records and each investigation report;

1. Statement of transactions;

1. Application of each photograph and map statute;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act (hereinafter “Confiscation”) committed an act in which the Defendant, on the floor of the office, thrower oil on the floor of the office, and did not commit an act to take it out, and the other persons, if the Defendant did not go off from the Defendant, would have prevented the damage due to the fact that the damage was caused by the fact that, if the other persons were placed in the freight space in which the oil was distributed from the Defendant, the damage was caused by the fact that the oil was cut off to the trip gas 8 gamblings (24) in which the oil was scattered, and the crime

The defendant had no intention or purpose of fire prevention (the defendant had no intention or purpose of fire prevention).

First, it is sufficiently recognized that there was a purpose of fire prevention in light of the above objective defendant's behavior. However, there was no record of the same crime, and there was no record of punishment heavier than fine after 1985, and it is against the period of detention.

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