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(영문) 수원지방법원 평택지원 2017.02.16 2017고단37
공용건조물방화예비등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 or 4 shall be confiscated.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On December 2016, the Defendant purchased gasoline 1.5 liters at the International Oil station located at H around December 30, 2016, when the Defendant was operating a restaurant under the trade name of “F”, which called “F” after the construction of a temporary building in D’s E without permission. On December 2, 2016, when the supply of electricity from the Korea Electricity was suspended on the ground that the said building was an illegal building, and the supply of electricity was demanded from Korea on several occasions to resist it.

At around 13:30 on the same day, the Defendant has died in the meeting room in the 2nd floor of G viewing room in J, and in the City Mayor, the Defendant threatened the Defendant with gasoline and lifts, which are the objects of high sound and dangerous noise as soon as possible by telephone, and thereby hindering the performance of legitimate duties in relation to the above K and L civil petition affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against K or L;

1. Records and photographs of seized articles;

1. Application of statutes, such as site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. In order to accomplish the requirements of individuals on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the act of preparing gasoline and searching for viewing and threatening public officials was committed, thereby causing serious harm to public order.

In order to prevent these acts from repeated in society, it is necessary to strictly punish the accused.

In addition, the defendant has a number of criminal records due to the conflict, violence, interference with the execution of official duties, etc.

The sentence of imprisonment with prison labor has been imposed for a crime with the aim of inevitable and protecting means of livelihood, living in a difficult environment with disability, family members to support, G market, etc., and the fact that G market, etc. wanting the Defendant’s preference, etc. shall be determined by considering the favorable circumstances for the Defendant.

The acquittal portion

1. The Defendant is guilty of the facts charged (preliminary preparation of a structure for public use).

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