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(영문) 서울중앙지방법원 2019.06.14 2019고합181
현존건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

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

The part of the facts charged was revised to the extent that it does not infringe the defendant's right of defense.

1. On December 30, 2018, the Defendant attempted to commit fire to a existing structure and fire, on the grounds that E and F in the “D” operated by the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City B and the second floor C do not open a door, attached outside the entrance of the said establishment by removing a painting site for the size of the A4 site attached outside the entrance of the said establishment from the said site.

After that, the defendant tried to store the above business site in a lower part of the entrance of the above business site, which was corrected, and destroyed the above business site, but it did not have been achieved on the wind attached to the above hosting site.

As a result, the defendant tried to fire the existing building by setting fire to E, etc., but did not commit an attempted crime.

2. On December 30, 2018, the Defendant: (a) removed an emergency warning in the direction of the rooftop of the instant building owned by the victim G, the market price of which cannot be known, on the ground that E and F opened the door in D around 08:02, the Defendant destroyed and damaged the damage by taking the shape of an emergency warning in the direction of the rooftop of the building.

3. Around 08:02 on December 30, 2018, the Defendant: (a) opened a door to E and F in the above “D”; (b) opened a warning counter to the direction of the rooftop of the building; and (c) opened the door to the rooftop of the building; and (d) opened the door to the outside windows of the waiting room of the pertinent business establishment, which directly contacted the rooftop on the rooftop.

Accordingly, the Defendant invadedd on a structure managed by the victim H.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and E;

1. Investigation report (the destruction of property, the damage of property, and the specification of victims) and report on the occurrence of property (the attachment of photographs to the crime scene of destruction and damage of property);

1. Application of the Acts and subordinate statutes governing field identification reports, DNA external and internal photographs and suspect mobile order pictures, D waiting rooms internal photographs, general building ledgers, CD images, and field CCTV video CDs;

1. Article 174 of the Criminal Act and Articles 174 and 174 of the Criminal Act concerning criminal facts;

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