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(영문) 대구지방법원 2017.10.24 2017고단4869
현주건조물방화예비등
Text

A defendant shall be punished by imprisonment for not more than ten months.

No. 1 or 2 of the evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

Victim C (76) and Victim D (72 years of age) are married with each other, and the defendant is subordinate to the fifth degree of the victim C.

The defendant, while under the influence of ordinary alcohol, has been able to find the victims' house, and have been able to boom, such as taking a bath and avoiding a disturbance.

1. On August 26, 2017, around 00:05, the Defendant: (a) was under the influence of alcohol in the house of the victims in Yongcheon-si, Sincheon-si; (b) was able to find out a light railer; (c) the Defendant collected concrete block (40cm in width: 20cm in length, 20cm in height: 18cm in height: 18cm in a living room) adjacent to the air conditioner room; and (d) the Defendant was able to gather the windows of the living room at the cost of KRW 400,00,000 in the market price owned by the victims.

Accordingly, the defendant damaged the victims' property.

2. At the time and place specified in 1.8 liters, the Defendant in reserve for fire prevention of a fluoring structure fluoring gasoline in a ward fluor, fluoring gasoline in a fluor by using the window of the above studing room, and fluoring the victim C open a fluoring door and open the door door, and read the Defendant, fluoring the gasoline on the floor of the site, and fluoring the gas in a fluoring room.

Although intending to attach fire, the police, who received a report from the victim C, went away from the wind that the victim C was called out.

Accordingly, the defendant prepared a fire prevention of a building used by the victims as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against D or C;

1. Each police statement made to D or C;

1. On-site photographs;

1. Investigation report (in relation to field identification), - Application of Acts and subordinate statutes to notify the results of field identification photographs and fingerprints appraisal;

1. Article 175 of the Criminal Act, Article 164 (1) of the Criminal Act (the preliminary point of the current main building and the prevention of fire) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the crime of destroying or damaging selective property;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is as follows.

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