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(영문) 광주지방법원 해남지원 2016.03.10 2015고단552
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for six 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 is living together with C (n, 41 years of age) who is his wife in the south of the Navy B.

피고인은 2015. 10. 18. 21:15 경 위 주거지 마당에서 과거 피고인이 다른 여자와 하트표시의 문자 메시지를 주고받는 등의 행동을 하였고 C이 피고인의 휴대전화를 확인하지 못하게 잠금 설정을 해 두었던 일로 말다툼을 하던 중 C으로부터 “D랑 문자했지 그 전에 봐줬으면 됐지 왜 계속 만 나 ” 라는 말을 듣고 화가 나 “ 내가 죽어야 겄구만. 집에 불 질러 불고 죽어 분다.

“...........” includes light oil contained in the above residence,

20 liter 20 liter blick oil booms into the above residential area and spread approximately 1 liter via the living room and the main room to the floor.

As a result, the defendant was prepared for the purpose of setting fire to and burns a structure used by a person as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (explosion, explanation, etc.);

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act unfavorable to the defendant: The defendant's crime of fire prevention of this case was committed in reserve, even though it had been committed.

The circumstances favorable to the point that it is a dangerous act that may threaten human life and property and public safety: the defendant is against the defendant's recognition of all the crimes in this case; the defendant's age, sex, environment, motive, means and consequence of the crime; and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and consequence of the crime.

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