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(영문) 부산지방법원 서부지원 2018.05.31 2018고합98
현주건조물방화예비
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 6, 2017, the Defendant, at around 02:20 on October 6, 2017, went through drinking at the main point of the victim D's operation in Busan Northern-gu, the Defendant, while drinking alcohol, did not go against the radioactive posters and the vision.

" out of the area" means the victim's telephone to purchase the head gasoline of the party and to spread to the store.

“.....”

On the same day, the Defendant purchased approximately 20-liters of gasoline from G gas stations located in the Busan Northern-gu, Busan, on two occasions at around the same day, and stored them in the plastic box, and tried to leave the cab at the E main store and to leave it to the police officers dispatched after receiving a report, but was arrested in the act of committing an act in violation of the law.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. 112 A list of reported cases;

1. Receipts:

1. Application of Acts and subordinate statutes to each photograph and cellular phone;

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 stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, committed a fire to a building where an unspecified number of people exists on the grounds of minor trial costs.

If the police did not visit the site in advance, there was a risk that large-scale damage would occur to the actual fire prevention act.

The Defendant had the record of criminal punishment several times, including one time of suspended sentence of imprisonment, even before committing the instant crime.

However, the defendant does not actually commence the execution of fire prevention, the defendant appears to have recognized and reflected his fault, and the defendant appears to have committed the crime of this case by contingency while under the influence of alcohol.

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