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(영문) 인천지방법원 2018.09.21 2018고합548
현주건조물방화예비등
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

The defendant provided religious services on the premise of marriage.

On August 20, 2018, when conflicts between C and their families have occurred due to the problems of C and their families, C and their families were asked for separate objection from C and their families on August 20, 2018.

At around 19:00 on the same day, the Defendant heard the word “a greater contact with C” from his father while dialogueing C and his parents at the residence of 603, Nam-gu, Incheon Metropolitan City Officetel 603.

Accordingly, the Defendant prepared in advance and set up two gasolines (1.8L) on the side of the stairs, and tried to spawn gasoline around C’s residential suspenders and spawn them into a single-use theater. However, C’s parents did not block them, thereby moving them to gasoline.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by police of E and C;

1. Protocols of police seizure and list of seizure and correspondence thereof;

1. Each investigation report (the investigation of CCTVs at the scene of occurrence, and the verification of gasoline purchasing sources); 1. Application of field photographs and photographs of seized objects;

1. The main sentence of Article 175 of the Criminal Act and Article 164 (1) of the same Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and observation;

1. With respect to the crimes of preparation against a structure and fire, for which the sentencing is applicable under Article 48(1)1 of the Criminal Act, the sentencing criteria are not set.

The following circumstances shall be taken into consideration, and the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: C, the Defendant, etc., who intends to take into consideration with himself/herself, is being fluored by C.

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