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(영문) 수원지방법원 안산지원 2014.04.04 2013고합392
현주건조물방화미수등
Text

1. The defendant shall be punished by imprisonment for six months and a fine of one thousand won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. At around 17:30 on October 13, 2013, the Defendant, who was in possession of the front side of the road of the members of Ansan-si, the Defendant attached a waste fluor, which is a non-material, adjacent to the utility pole, to the waste fluor.

Accordingly, the defendant set fire to and burns a general object corresponding to his own property, thereby causing public danger.

2. On October 13, 2013, at the entrance of a multi-household building located in Ansan-si, a member of the Dong-gu, Ansan-si, the Defendant: (a) caused by negligence on the clothes box owned by the victim E, which were left at the scene, while smoking tobacco but did not completely extinguish the shot; and (b) a fire remaining at the beginning of a cigarette butts transferred to the clothing box at least KRW 2 million at the market price contained in the above garment box.

Accordingly, the defendant caused public danger by destroying the above clothes, which are general goods, by negligence.

Summary of Evidence

1. Partial statement of the defendant;

2. The defendant's partial statement in the second protocol of trial;

3. Statement of the police officer to E;

4. Police seizure records;

5. A written statement;

6. Each photograph;

7. Application of written estimate Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) An occupation of general goods or fire prevention: Article 167 (2) and (1) of the Criminal Act;

(b) Occupation: Articles 170(2) and 167(1) of the Criminal Act;

2. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

3. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

4. Article 62 (1) of the Criminal Act;

5. Probation Orders under Article 62-2 of the Criminal Act;

6. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act

1. In the facts charged in the judgment of the gist of the assertion, the general goods fire-prevention cannot be deemed as having caused public danger. Thus, the general goods fire-prevention crime cannot be deemed to be established.

2. Determination

A. The term “public danger” in Article 167(1) of the Criminal Act, which provides for the crime of fire-prevention, means life, body or property of many and unspecified persons.

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