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(영문) 수원지방법원 여주지원 2013.12.09 2013고단1015
현존건조물방화예비등
Text

A defendant shall be punished by imprisonment for six 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

1. On October 11, 2013, the Defendant, who prepared for fire prevention of existing buildings, had the victim D, who did not pay KRW 5,00,000,00 at the victim’s first floor management office located in Gyeonggi-si Co., Ltd., and had the victim 5,00,000.

At around 11:10 on the same day, the Defendant continued to prepare for the Defendant’s vehicle at around 11:10, and entered the above management office room, putting the width on the floor of the office as head, putting him/her a single-use thrower, and sound the above D as “I cannot die by her, she is unable to do so.”

Accordingly, the defendant was prepared for the purpose of harming the above D to the existing building.

2. The Defendant committed assault, at the above date, at the above time and place, on the ground that the victim D (the age of 52) was trying to turn on the cat as above, and that he attempted to commit assault by means of fating the fat of the victim’s fats by the Defendant’s hand, such as cutting off and smuggling

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Damage photographs;

1. Application of each existing Act and subordinate statute of one set (No. 1 liter) and one set of disposable dynam (No. 2) that has been seized;

1. Relevant Article of the Criminal Act, Articles 175 and 164 (1) of the Criminal Act that applies to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the extent that the punishment is added up the long-term punishment of two crimes above the punishment determined for the crime of preparation against existing buildings with heavy penalty) ;

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be considered that the defendant has no previous conviction or heavier than the stay of execution, and the circumstances leading to the crime in this case);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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