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(영문) 수원지방법원 안양지원 2020.04.24 2020고합13
현주건조물방화미수등
Text

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

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

Reasons

Punishment of the crime

1. At around 00:30 on September 18, 2019, the Defendant attempted to commit fire to the present state building and fire, and the Defendant did not move the apartment security guards, who discovered that there was a space between the Defendant and the Defendant and the 50-year old-gu B apartment C (the 50-year old-gu), to the above part of the building by putting the victim, who was in a relationship with the Defendant, not opening the door, and 9 portable carbon gas, which was prepared in advance before the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the above C, and intending to remove the said part of the building from the front of the cover by using the cover, and putting it off to the said part of the gas.

Accordingly, the defendant tried to fire the above B apartment 3 units used as a residence by residents such as D, but attempted to commit it.

2. Around 00:45 on September 18, 2019, the Defendant: (a) attempted to gresh, in front of the “Grelic stores” operated by the victim F of the victim F of the Ma of the Ma-gu Ma-gu Ma-gu Ma; (b) attempted to greg, on the ground that the door was not opened; (c) opened the door door door door door of the said steel store, which is a dangerous object, was cut back; and (d) continued to open the door door door door door door of the “I” store operated by the victim H, who is adjacent to the said steel store, caused the damage to each of the victims’ respective property so that the cost of repair in the market value would be borne.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of J, H and F;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (Attachment of images destroying and damaging objects);

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act (the points of attempted fire-prevention of present building, the choice of limited imprisonment), 369 (1) and 366 of the Criminal Act concerning criminal facts (the point of causing damage to each special article, and the choice of each imprisonment);

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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