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(영문) 수원지방법원 평택지원 2019.02.15 2018고합211
일반물건방화
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

Punishment of the crime

On September 12, 2018, the Defendant: (a) around 09:35 on September 12, 2018, when the victim D, a person related to Pyeongtaek-si building C living together, said D, “I would die if he or she would do so” while under the influence of alcohol; (b) turned on gas bags in the kitchen at the same time; and (c) destroyed the fire by attaching it to the suspension of the market price, which is the ownership of the Defendant, and the land for public imposts.

Therefore, after the victim strekeed water on the gas dust, the victim strekeed the body of the defendant, and strekeed the body, the defendant strekeed the gas dust again, and destroyed the market price of the victim, which is the victim's possession, by attaching fire to 10 strekes and 10 strekes and 10 strekes and strekes in the market price, which is the victim's possession. In addition, the victim tried to put the gas dust out of the market price, which was the defendant's possession, which was the victim's possession, and tried to put the gas dust out of the gas dust due to the spread of the water.

Accordingly, the defendant destroyed his own property and others' property and caused public danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. On-site photographs Defendant’s assertion

1. The summary of the Defendant’s assertion is a specific dangerous crime established only when public danger arises. Considering that the fire attached by the Defendant was immediately extinguishmented by D, the fire extinguishing machine was not operated only when it was delayed, and the fire extinguishing machine was extremely partial, and that the fire extinguishing machine was not relocated to articles around the house, etc., the Defendant’s act cannot be deemed as having caused public danger.

2. The term “public danger” in Article 167(1) of the Criminal Act, which provides for a general crime of fire-fighting, refers to a specific risk that infringes on life, body, or property of many and unspecified persons, and whether such risk occurs or not.

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