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(영문) 부산지방법원 서부지원 2019.07.11 2019고합102
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On February 9, 2019, the Defendant, who attempted to commit fire to the present main building, was living together in the male-gu B and the Busan Sudio Cudio building (in total of 17 households, a building in which people had resided in 12 households) D, and later claimed in the above subparagraph D around February 9, 2019, and between B and another female-friendly E, and the Defendant lived in the above subparagraph D, only if there is no E, and the Defendant lives in the above subparagraph D.

On February 15, 2019, at around 19:57, the Defendant: (a) tried to extinguish the above studio building by putting the secret number into a real estate brokerage office under the same studio building F; (b) he was waiting for entering the above d; (c) by using a logter (Evidence No. 1) he was in possession to put the instant studio building into a studio studio building by attaching a fire to the stude leasing at that place; but (d) the Defendant was extinguishing by the fire officers dispatched to 112 reported by the Defendant prior to the transfer of the building.

Accordingly, the defendant tried to fire a studio building used by a person as a residence, but did not achieve the intent and did not commit an attempted crime.

2. Around 20:50 on February 15, 2019, the Defendant reported the violation of the Punishment of Minor Offenses Act to the 112th of the Defendant, “B captured E” using a public telephone device installed at the place earlier than the G Sang-gu, Busan.

However, in fact, B did not capture E due to the relationship of a person living together with E.

As a result, the defendant filed a false report on a crime that was not committed by the police.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a report on investigation (including a photo, etc. of a criminal scene), a report on investigation (referring to attachment of details of 119 declarations), a report on investigation (referring to attachment of an electronic appraisal document), and a report on results of field identification;

1. Relevant provisions of the Criminal Act and Articles 174 and 164(1) of the Criminal Act (the fact that the current main building and the attempted crime, the selection of the limited term of punishment) concerning the crime, and Article 3(3)2 of the Punishment of Minor Offenses Act (the violation of the Punishment of Minor Offenses Act and the choice of fines) of the Criminal Act concerning the selection of punishment.

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