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(영문) 의정부지방법원 2018.06.15 2018고단1622
현주건조물방화예비
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 16:40 on February 15, 2018, the Defendant: (a) at the restaurant operated by the Defendant’s wife D in Spocheon-si, Spocheon-si; (b) at the restaurant operated by the Defendant’s wife D in Spocheon-si; (c) at the issue of children; and (d) at the same time, E did not put the Defendant a bath to the Defendant; and (c) at the same time, E tried to put the gasoline in front of the restaurant and the gasoline on the Defendant’s body and the restaurant; (d) however, E did not remove it, and did not put him at the bar.

Accordingly, the defendant prepared a restaurant for the purpose of stopping the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Each police statement made with respect to E and D;

1. A statement prepared by the F;

1. Application of statutes on site photographs;

1. The main sentence of Article 175 of the Criminal Act and Article 164 (1) of the same Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order is that the Defendant attempted to spawn gasoline on his body and restaurant floor on the body and restaurant floor while the Defendant had a horse or dispute in the restaurant operated by his wife.

In light of its nature, a fire is likely to inflict damage on the lives, bodies, and property of the general public without infringing on an individual's property, and there are many cases where there are fears and fears to the general public. Therefore, the Criminal Act has a heavy penal provision for cases where the crime of fire prevention is actually committed or its commencement is commenced, as well as cases where it is prepared in preparation therefor.

In this case, the place where the defendant committed the crime is a restaurant and there is two wife and children of the defendant at the time, and thus, if the fire prevention has been completed, the safety of life or body of many people is in danger, as well as the property damage of the victim.

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