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(영문) 부산지방법원 동부지원 2021.01.15 2020고단1842
현존건조물방화예비등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 20, 2020, at around 06:55, the Defendant, at the “C” restaurant operated by the Defendant located in Busan Shipping Daegu, the Busan District Court rendered a judgment on the order of the name of the building located in the said restaurant building No. 201728, the 20 execution officers and labor personnel belonging to the said court, and security personnel, to enter the said building for the purpose of executing the delivery of real estate at the request of the execution officer E and labor personnel belonging to the said court, and the 15 persons having security personnel, who are dissatisfied with this, put the building on the body and indoor bottom of the said building by using a rater who was in possession of the gasoline and the indoor bottom, but the execution officer E, etc. was deprived of the said rater.

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

2. On March 20, 2020, around 11:10, the Defendant laid off the 4th floor of the building as indicated in paragraph (1), and the 5th floor door door, the only entrance door allowing access to the 5th floor, which is the sole entrance door, and caused the Defendant to not open the said door, by setting up the mix, wire-frame, wire-frame, food distribution, paper, etc., and detained the Defendant, etc. of the victim F, etc. on the 5th floor of the said building so that the police officer sent up approximately one hour after the call up until the said mix, etc., could not leave the said building.

Summary of Evidence

1. Partial statement of the defendant;

1. The decision of the Busan District Court, the protocol of execution of delivery of real estate, each fact confirmation report (CCTV image analysis), the application of the Act and subordinate statutes on field video CDs to the witness G's legal statement F

1. Relevant legal provisions of the Criminal Act, Articles 175, 164(1) (in preparation for fire prevention of existing buildings) of the Criminal Act, and Article 276(1) of the Criminal Act (in the case of confinement, choice of imprisonment, etc.) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant prepared fire prevention and detained in the course of executing the delivery of the part of the building in which the defendant operated the restaurant.

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