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(영문) 전주지방법원 정읍지원 2019.10.31 2019고단325
현존건조물방화예비
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, on the ground that the proprietor of “C” restaurant work with the Defendant and the teaching bridge B, did not ignore the Defendant, such as the Defendant and the head of “C” restaurant D, which the Defendant and the teaching bridge attached to the said restaurant.

On June 12, 2019, at around 16:55, the Defendant purchased gasoline 10 literss in the gas station near the Defendant’s house, and cited the said gasoline, and called “C” restaurant located in Go Chang-gun E operated by the said D, which read that “I am you you reported this person?” while dusting gasoline at the Defendant’s body and dusting the gasoline at the entrance of the restaurant,” and tried to burns the above restaurant with four restaurant customers, including D by cutting off the racker from the Defendant’s body. However, inasmuch as F, etc. located outside of the restaurant did not lead to the commencement of fire-prevention by taking the racker from the Defendant’s body.

Accordingly, the defendant prepared a fire prevention for the purpose of setting fire to a building in which people such as D exist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Protocols of seizure, list of seized articles, and photographs thereof;

1. Application of the Acts and subordinate statutes on requests for appraisal and response to requests for appraisal;

1. Relevant Article of the Criminal Act and Articles 175 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that if the defendant considers the risk of breaking the gasoline and breaking the body in the body and the restaurant while under the influence of alcohol, the crime is not very good.

However, the execution of punishment shall be suspended on the condition of the community service order and the order to attend a lecture, taking into account the fact that the crime had been committed in reserve, the defendant complained of the prior location of the Ccafeteria delivery defendant, and the defendant has no record of punishment since 2005.

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