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(영문) 대구지방법원 의성지원 2016.09.22 2016고단126
현존건조물방화예비
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

On April 8, 2016, the Defendant was forced to commit an indecent act on the part of the previous building in front of the building north-gu, North Korea at the port of Mapo-si, in order to fire the said building by setting fire on the ground that the Defendant was forced to commit an indecent act on the part of the injured party. After purchasing about 20 liters at the nearby gas station, the Defendant was able to bring about about about 20 liters to the said building, and then intending to put the gasoline into the said building, and put the gasoline into fire by cutting off it into the gasoline string, but the Defendant tried to put the gasoline on the gasoline stringer.

“A police officer who was arrested and detained upon receipt of a report was not subject to the attachment of a fire.”

Accordingly, the defendant was prepared to commit a fire to a building in which people are present.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on investigation (the contents of currency with the person suspected of being investigated);

1. A report on internal investigation (Attachment of the table of 112 reported case processing, arrested suspects, discovery of display and distribution inside the vehicle, etc., on-site photographs and photographs of seized articles);

1. Application of seizure records and statutes concerning the list of seizure;

1. The main sentence of Article 175 and Article 164 of the Criminal Act concerning the facts constituting the crime;

1. proviso to Article 175 of the Criminal Act and Article 55 (1) 3 of the same Act to mitigate self-denunciation;

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

1. The defendant and his/her defense counsel did not think that the defendant had a fire in the building in which he/she held, as well as the defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel

However, in light of the following circumstances, which are recognized by considering the overall purport of each of the above evidence evidence, it can be sufficiently recognized that there was a purpose of setting the building in the judgment of the defendant.

① The Defendant purchased one gasoline in addition to inserting the gasoline in a gas station while driving his own car by the time of the port where the building was located in his own residence in the Cheongsong-gun, the Defendant purchased one gasoline in addition to inserting the gasoline into the gas station.

② The Defendant is not a building that he voluntarily calls to the police before committing the instant crime.

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