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(영문) 수원지방법원 2020.01.31 2019고합561
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for six months.

A number of disposables (Evidence No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On April 10, 2018, the Defendant was released on December 24, 2018, and the remaining term of imprisonment was expired on February 10, 2019, when he was sentenced to one year by the Suwon District Court for the obstruction of performance of official duties, etc.

【Criminal Facts】

The Defendant is a person who had worked in “C” operated by the victim B from around 2010 to 2013.

Around February 25, 2019, the Defendant filed a complaint against the victim as a crime of fraud by failing to pay 10 million won a monthly wage and a loan borrowed by the victim. However, on June 28, 2019, the Defendant was dissatisfied with the victim who was subject to a disposition of no suspicion.

The Defendant, at around 05:30 on July 22, 2019, was the victim’s house located in Osan City, 05:30 on July 22, 2019, when the victim avoided one’s contact, and was divided into two parts of the house and several times, but the victim was holding on the ground that he did not leave the door and did not leave the door, and destroyed the said well-known gas gas gas by attaching it to the so-called so-called so-called so-called so-called so-called so-called so-called so-called the instant gas gas gas gas.

Accordingly, the defendant set fire to others and destroyed the objects owned by others, thereby causing public danger.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Investigation report (as regards the operating of a fire shield or the time of a fire), investigation report (as regards the results of appraisal by DNA at the beginning of a cigarette butts collected at the site);

1. A report on the occurrence of a fire, a report on internal accidents, and a report on the results of field inspections;

1. On-site photographs, on-site CCTV-wing surface, photofluor photograph of milk, on-site collections, and photographs of comparing the suspect's tobacco and seized articles;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (verification of criminal records of a suspect) and Acts and subordinate statutes;

1. Article 167 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Discretionary mitigation of punishment Article 53 and Article 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation”), 1.

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