(영문) 청주지방법원 2019.05.02 2018고단2738

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(영문) 청주지방법원 2019.05.02 2018고단2738

일반건조물방화

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 March 21, 2018, the Defendant: (a) around 15:04, around 15:04, in a house owned by the Defendant, who is located in the Chungcheongnam-gun B, where the Defendant was married, he stored a fire on the floor of the living room, and made the Defendant spread to the entire building of the French length by attaching a fire to it.

Accordingly, the Defendant destroyed all the brick buildings owned by the Defendant, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of dispatched police officers;

1. 119 response to the details of withdrawals and 112 notification statement;

1. Full certificate of registered matters, and response to requested data;

1. Application of fire-fighting housing photographs and field photographs statutes;

1. Article 166(2) and (1) of the Criminal Act, the choice of imprisonment for a crime

1. The defense counsel of Article 62(1) of the Criminal Act asserts that there was no awareness that there was no public danger due to the defendant's act, as well as that there was no public danger due to the defendant's act.

The crime of fire prevention under Article 166(2) of the Criminal Act is established by setting fire to a building owned by the Defendant and causing public danger. The public danger here refers to a specific risk of infringing on the life, body, or property of an unspecified or a large number of unspecified persons. The following circumstances acknowledged by the evidence duly adopted and investigated by this court: (a) one-story house and warehouse with the floor area of 49.13 square meters owned by the Defendant were destroyed by the instant fire; (b) the size of the fire, such as the fire fighter’s 30 square meters and the dispatch of the fire fighter to the scene for fire fighting; and (c) the fire fighters continued for more than 10 minutes until the fire fighters arrive at the scene; and (d) the Defendant did not make any effort to extinguish the fire.

참조조문

-형법 제62조 제1항

-형법 제166조 제2항

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