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(영문) 부산지방법원 2013.06.21 2013고합272
현존선박방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, as a seafarer of the Busan Loading-do Fishing Vessel D (411t) that belongs to C, was a person who, on June 5, 2012, went to and out of the port of the Republic of Korea located in Busan Seo-gu, Busan, and went to and out of the port of the Republic of Korea, and went to and out the port of the Republic of Korea on June 23, 2012.

On September 2012 and January 8, 2013, the Defendant was assaulted by E, a seafarer of Vietnam, but the captain, head of agency, chief communication officer, etc. did not take any particular measure against the above, but did not accept the Defendant’s demand to leave the ship.

On February 5, 2013, at around 19:30, the Defendant, along with F and alcoholic beverages work as D seafarers at the Chinese fishing vessel anchored at the port of Seo-gu, Seo-gu, Western, the Republic of Korea, and the Defendant, on the ground that the Defendant gave money to F, did not go to the Communications Director, and did not bring about any dispute at around 21:30 on the ground that the above problems were caused by the above problems, which led to the engine failure, but was prevented by the head of G, who was the head of the agency. However, the Defendant attempted to put the vessel into fire by setting off the vessel on the floor of the door board, which was located in the restaurant bed and pushed up immediately with his own room, by attaching a fire to the newspaper site. However, the Defendant did not have the intention to turn out G to the wind by reporting the smoke and smoke.

Accordingly, the defendant tried to destroy the above ship in which G and crew members exist, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of G, H and I;

1. An interrogation protocol of the accused by the prosecution;

1. Each police interrogation protocol against the accused;

1. A copy of the fact-finding certificate, a copy of witness and a fire fighting assistance statement, and a copy of the statement of G;

1.With regard to D fire prevention.

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