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(영문) 창원지방법원 통영지원 2018.07.13 2018고단312
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant tried to have the drinking value on credit at the Esing shop operated by the victim D (V, 51 years of age) in Tong Young-si, but, as the Defendant refused to do so from the victim, he raised the drinking value to the above main points.

On February 18, 2018, the Defendant cited plastics with 20 L, a white light oil around 05:30 on or around 05:30, and found the above singing points, and called “F and the employees of the victim and the said singing store wanting to break down, turn off, or cut off,” and 2L of oil contained in the above plastic box was scattered into the corridor and the wall of the said main store, and attached a fire. However, the Defendant did not put the said F into the wind.

Accordingly, the defendant prepared the fire prevention of the present building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to an investigation report (in cases of attaching on-site photographs), internal investigation report (in cases of confirmation of the kinds of oil), and appraisal results;

1. Articles 175 and 164 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The risk and possibility of criticism are very high by putting oil into the main corridor and wall and attaching a fire on the ground that the defendant is not on credit, on the ground that the protection and observation and the sentencing of Article 62-2 of the Social Service Order Act is imposed.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, health status, circumstances leading to the crime, means and results, etc., shall be determined as ordered in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act.

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