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(영문) 서울중앙지방법원 2020.11.19 2020고단7023
현존건조물방화예비
Text

A defendant shall be punished by imprisonment for six 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

At around 17:50 on May 8, 2020, the Defendant: (a) at the “D” store operated by the victim C in Jung-gu Seoul Metropolitan Government on May 17, 2020; (b) even though she was employed as an employee at the said household store and retired, the Defendant purchased 2 liters from the page store in the vicinity of the said household, purchased 2 liters at the time point; (c) opened lids in the time-top box and tried to prevent fire by leaving the said household store; and (d) did not reach the wind of the victim and other employees.

Accordingly, the defendant was prepared to prevent people from a building in which people exist.

Summary of Evidence

1. The police suspect interrogation protocol on the defendant's partial statement;

1. The investigation report (on-siteCCTV investigation) and the appraisal request report (the defendant merely intended to threaten the victim. However, in full view of the defendant's objective behavior, dispute between the defendant and the victim, dispute between the defendant and the victim, the defendant's personal information and the time of purchase, etc., the application of the law to the police protocol against C may be acknowledged as having dolusence even if the defendant did not have positive or conclusive awareness about the purpose of the crime of fire prevention).

1. Articles 175 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. In light of the structure, etc. of the reasons for sentencing of Article 62(1) of the Criminal Act, the defendant's purpose of fire prevention is very likely to cause personal or physical damage. Therefore, the criminal liability is very heavy.

However, the punishment shall be determined as ordered by taking into account the following circumstances, such as the defendant's age, character and conduct, circumstances leading to the crime, and circumstances before and after the crime, etc., reflecting the fact that the defendant has no criminal history, etc. as favorable factors for sentencing.

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