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(영문) 의정부지방법원 2020.11.23 2020고단4979
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father and wife relationship with the victim B (math, 67 years of age), and is the father and wife relationship with the victim C (math and 29 years of age), and is a person who resides in D's house in South and North Korea as well as the victims.

1. At around 03:00 on August 10, 2020, the present residential building and fire reserve defendant prepared approximately 1 L, which had been kept in custody on the first floor of the present residential building, based on the body of the living room floor and the victims of the present residential building, with the knowledge of the fact that the victims suspected of being out of the Defendant and concealed the Defendant’s car, and had a mind to fire by setting fire to the present residential house.

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

2. The Defendant, at the same time and place as above, threatened the victims by spreading the transit, which is a dangerous object to the victims’ body, and by threatening them to put them into fire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning C and B;

1. Each protocol of seizure and each list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant provisions of the Criminal Act and Articles 175, 164 (1) (the occupation of the current main building and the reserve for fire prevention), 284, and 283 (1) (the occupation of special intimidation and the choice of imprisonment) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act;

1. In full view of the following conditions of sentencing under Article 48(1)1 of the Criminal Act, the conditions of all the sentencing indicated in the record, including the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and circumstances leading to the commission of the crime, shall be determined as ordered.

D. Unfavorable circumstances: The defendant attempted to prevent a loss of human life and threatened victims by spreading light oil; thus, the most favorable circumstances that the crime is not good: the confession is made, the victims and the victims have been smoothly agreed, and the two times of punishment are punished by a fine.

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