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(영문) 대전지방법원 천안지원 2018.11.30 2018고단2533
현주건조물방화예비
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had worked as a delivery source at ASEAN’s middle-time restaurant with the first floor of the ASEAN’s building (second floor housing for the second floor, and the first floor for the first floor) from June 2018 to September 15, 2018. However, the Defendant’s Dan Investment with another delivery center during his/her service and Dan Investment C retires from the delivery center for the convenience of the delivery center.

Although C did not speak, it was retired from the above restaurant as it was, and even after his retirement, C had no contact with C to find himself, and he had the complaint about it.

On September 21, 2018, the Defendant purchased 2 gasoline (30L) at a gas station located in E University located in Do, Seoan City around 14:00 and kept it in his/her own residence. On September 24, 2018, the Defendant had 2 gasoline around 04:40 and attached the said gasoline to the said restaurant at around 04:40 on September 24, 2018. In addition, if it is impossible to attach the said gasoline to the container inside the above restaurant warehouse and the restaurant hole floor, then it may increase the day.

In mind, it did not reach the commencement of the fire prevention act.

Accordingly, the defendant was prepared for the purpose of harming people's residence or existing buildings.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation (a photograph, etc. of criminal tools);

1. A written appraisal of ingredients of the testamentary gift of the current owner, a building or a fire;

1. Application of 17 copies of field photographs to Acts and subordinate statutes;

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. The order of this case is based on the following circumstances: (a) the reason for sentencing under Article 62-2 of the Social Service Order Act, including the background leading up to the crime of this case; (b) the means and method of the crime; (c) the consequences and risks of the crime; and (d) the circumstances after the crime, etc.; (c) the victim expressed his intention not to have the punishment against the defendant; and (d) the defendant has no record of punishment other than once a fine.

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