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(영문) 창원지방법원 마산지원 2016.10.28 2016고합87
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final.

Reasons

Punishment of the crime

On August 20, 2016, at around 16:45, the Defendant prepared a fire by intending to put the gasoline prepared in advance, i.e., the Defendant’s “Iskhum skhum skhum skhum skhum skhum skhum skkhum skhum skhum skhum skhum skhum skkhum skhumk,” while D (the age of 37) living together in the Defendant’s residence located in Yongsan-gu, Changwon-si, Changwon-si, Changwon-si, and knick knick knick knbskn in the front of the present house.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. 112 Declarations of 112 Reporting, investigation reports (No. 39 pages of investigation records), investigation reports (in relation to attachment of field-type photographs), investigation reports (in relation to gasoline quantities, etc., reported as a suspect), investigation reports (in relation to a place where it is alleged that it was difficult for a par-type disease containing gasoline), investigation reports (in relation to response as a result of request for appraisal), and requests for appraisal by a State or a public prosecutor;

1. Application of Acts and subordinate statutes on site photographs, 12 copies of a photo, field identification photograph, and Acts and subordinate statutes on site photographs;

1. Articles 175 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Application of the sentencing criteria: Non-establishment of the sentencing criteria;

3. While disputing D and religious issues, the Defendant, who was at the entrance of a house that was used as a residence for the reason that he was living together, prepared a string structure fire prevention in a way that she rootss gasoline and strings gasoline at the house and the house.

In light of the fact that the above house has a risk of causing damage to an unspecified number of people or large-scale property due to the crime of this case as well as the defendant living in the place of three households, the defendant should be punished strictly.

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