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(영문) 서울북부지방법원 2016.08.19 2016고합203
현주건조물방화예비
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

The defendant is a person suffering from depression, within the house of his father suffering from dementia, mind to commit suicide, and around March 23, 2016, at around 17:00, the defendant's father in Dobong-gu Seoul apartment C apartment at 105 Dong 806, Dong-gu, Seoul, used as his residence, and the father's father's father's father's guardian who sleeped for the care protection Do."

“............ The head of the Si/Gun/Gu spreads the glass prepared in advance in a ward, large room, or small room, and put the gender into the floor by tearing.

Since then, the defendant's damage to other floors is likely to cause damage, and the defendant was informed of the police officer dispatched to the above 806 after receiving 112 report.

Accordingly, the defendant prepared a fire prevention of a building that people use as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A simplified statement prepared by D;

1. Police seizure records;

1. Photographss of evidence, petroleum retail shops, and photographs of the place of sale in petroleum markets;

1. Application of Acts and subordinate statutes to each investigation report (in relation to attachment of evidence photographs, investigation into petroleum selling places, attachment of screen pictures to the name of petroleum purchasing places, and reporting telephone statements);

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 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for eight months, and two years under a suspended sentence, the Defendant committed suicide by influenceing his wife, and the Defendant’s father prepared to commit fire to the present main building in such a way as to roots him prepared to the living room, etc. of apartment buildings used as his residence.

The above apartment house is a building used by many people as well as the family of the defendant, and there is a lot of risk and possibility of criticism of the crime of this case.

However, the defendant recognized all of the crimes of this case, and depth his mistake.

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