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(영문) 부산지방법원 동부지원 2016.11.22 2016고합110
현주건조물방화예비등
Text

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

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

Reasons

Punishment of the crime

1. On August 1, 2016, the Defendant: (a) around 05:20 on August 1, 2016, in relation to the victim D’s house located in Nam-gu Busan Metropolitan City, the Defendant saw the victim’s desire to pay money to the previous victim; and (b) taken disease including gasoline prepared in advance to have the victim’s house attached to the victim’s house by breaking the flus that he had the victim’s house with the mind that he had the victim’s house attached with the flusium by breaking the flusium; and (c) taken the flusium with the victim’s house and flusium flusium flusium flusium flusium flusium flusium flusium.

As a result, the defendant prepared to purchase gasoline for the purpose of destroying the structure used by the victim as a residence by setting fire.

2. In the above date, at the above time, the Defendant spawn the victim’s house at the victim’s house, and threatened the victim with the victim “Ie knife, Ieman, Ieman, Ieman, Ieman, Ieman,” etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Relevant provisions of the Criminal Act, Article 175 of the Criminal Act, Article 164 (1) of the Criminal Act, and Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (an aggravated punishment for concurrent crimes with the punishment determined for the grave building, structure and fire-prevention;

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. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than four months;

A. A person who is in special interest in the aggravated area (from April to June) of Category 1 (General Intimidation) (hereinafter referred to as "the aggravated area") for a crime of intimidation: a motive for the crime of intimidation;

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