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(영문) 수원지방법원 평택지원 2012.11.16 2012고단1206
현주건조물방화예비등
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, who operates a D cafeteria in Cda operated by the victim B (the 62 years of age and inn), was an employee working in the D cafeteria operated by the victim while driving the vehicle and damaged the glass of the Defendant cafeteria, but did not take any measures to compensate for the damage.

1. On October 10, 2012, around 20:30 on October 10, 2012, the Defendant: (a) destroyed the front glass of the D cafeteria operated by the Defendant and did not take any compensation measures; (b) caused the shock shock in the D cafeteria in the front glass by gathering shocks in the D cafeteria; and (c) caused the failure to compensate.

Accordingly, the defendant damaged the utility of the property equivalent to 300,000 won in the city and interfered with the victim's multi-lock business.

2. The present state building and fire reserve Defendant 1 cited a petroleum tank (20 liter) containing light oil in storage on the back side of the restaurant operated by the Defendant for the purpose of fire prevention (5 liter) at the time and place described in paragraph (1). Moreover, from the entrance of the restaurant run by the Defendant to the entrance of the entrance operated by the Defendant, the Defendant prepared fire prevention by spreading approximately five meters of oil to the delivery of approximately five meters of oil.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of seizure records and photographs under each Act and subordinate statutes;

1. Relevant Articles 175 and 164(1) of the Criminal Act concerning criminal facts, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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

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

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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