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(영문) 대구지방법원 2013.06.14 2013고단2705
현존건조물방화예비
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 9, 2013, at around 19:15, the Defendant: (a) purchased a fluence and gasoline to the effect that employees were neglected to themselves at the time of the Defendant’s moving to the said main place in Daegu Northern-gu, Daegu Northern-gu; and (b) sold the said main points to the said main point with a fluence and a fluence attached to the said main point.

The Defendant had a gasoline 1 liter purchased in advance at the same time and at the same place, and sound to employees E, F, G, etc. at the same place, stating that “I wish to give a fluoral plaque,” and knicked the said gasoline on the floor of the said main place by using tobacco with a fluence as other hand.

Accordingly, the defendant prepared for the purpose of preventing a building in which people exist.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. The police seizure record and the list of seizure;

1. Investigation reports (Attachment of photographs of seized articles), investigation reports (limited to attachment of written confirmations of transactions related to purchase of gasoline), and evidence No. 1 applicable to investigation reports (in response to requests for appraisal), shall not be separately confiscated because they are already destroyed and existing;

Articles 175 and 164(1) of the Criminal Act relating to criminal facts on January 28, 2010 (see, e.g., Supreme Court Decision 2009Do6982, Jan. 28, 2010)

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act is committed with a large risk of causing human life damage, and thus, the nature of the crime is heavy. However, the defendant is divided by mistake, the defendant seems to have not reached the commencement of the crime and it seems that there is no particular damage due to the preliminary agreement, G and the fact that there was only one punishment by fine, and all other circumstances, including the defendant's age, character and conduct, the environment, and the circumstances of the crime of this case, etc., are considered as follows.

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