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(영문) 대구지방법원 2016.11.11 2015고단1388
현주건조물방화예비
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

On January 6, 2015, the Defendant, at the Defendant’s house located in Daegu Jung-gu, 2015, filed a dispute with C, who is the Defendant’s wife, and, at the Defendant’s house, C, came to find a singing practice room operated in the name of ENonoby, from the underground floor in Daegu-gu, Daegu-gu, and from the underground floor of the commercial building with five stories above ground, for the purpose of setting fire to the singing room operated by C, 4 liters, who were in the Defendant’s house, put one dilution into a dilution plastic plastic paper, and found a singing practice room operated in the name of Enoby by C for the purpose of setting fire to the singing room operated by C.

At around 17:50 on January 6, 2015, the Defendant: (a) had 4 liters possessing one dilution substance and two divers for a single dilution building; and (b) was discovered to the police officers who received a report and dispatched the report; and (c) was not aware of such fact.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to arrest reports on the occurrence of the case, photographs, investigation reports (on the spot warning and photographs, such as seized articles, etc.);

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;

1. The defendant's liability for the crime in light of the reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order and the risk of committing the crime in this case is not somewhat weak.

In addition, on October 31, 2014, the Defendant was sentenced to imprisonment with prison labor for six months for the crime of obstruction of performance of official duties at the Seo-gu District Court Branch Branch Branch of the Daegu District Court, and the judgment was finalized on November 8, 2014, and committed the instant crime during the period of suspension of execution.

However, the fact that the defendant's mistake is divided, that there is no damage in the reserve, and that the family members, including C, of the defendant are prior to the defendant.

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