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(영문) 의정부지방법원 2019.10.17 2018노2328
현존건조물방화예비
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. At around 14:30 on October 18, 2017, the Defendant: (a) entered the 1st floor of the C police station located in B; (b) at the C police station, the Defendant was in possession of 5 liter plastic box, 2 Lter, newspaper site, etc. with the gasoline 2 liter who prepared in advance to raise the complaint on the case that he handled by C police station; and (c) entered the said police station; and (d) the Defendant attempted to set gasoline on his body and the floor of the entrance, intending to cut off the gas to a newspaper, and then did not initiate its implementation with the wind against the present official working at the station.

Accordingly, the defendant prepared the existing building fire prevention.

2. On the grounds delineated below, the lower court found the Defendant not guilty of the facts charged on the ground that the evidence submitted by the prosecutor alone, on the ground that it is insufficient to view that there was no reasonable doubt to prove that there was a purpose to prevent the Defendant from destroying the main building of the Cpolice Station, which is the present main building, from the fact that the Defendant attempted to kill the police station for the purpose of having an interview with the chief of C police station, or attempted to kill the person in fact.

At the time of chain, the Defendant, by putting plastics into the head of gasoline, spread the gasoline to his own body, and did not directly spread gasoline to the wall, floor or other things located within the police station building.

(B) The Defendant expressed to the effect that “The C police station only tried to interview the chief of the police station by avoiding disturbance, but did not actually intended to put his body in the place,” or that “the Defendant did not think of whether he was dead because he knew that he was killed in the building,” after being arrested as the instant case.

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