(영문) 서울남부지방법원 2017.07.20 2017고단196

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(영문) 서울남부지방법원 2017.07.20 2017고단196

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 8, 2017, around 19:20 on January 8, 2017, the Defendant was found in the victim L’s residence, the father of the Defendant in Geumcheon-gu Seoul, Geumcheon-gu, who was the father of the Defendant, sealed the victim’s house by burning the victim’s house on the ground that the victim’s house was destroyed by disregarding the Defendant.

The defendant will throw away the victim from his place "on the house".

After sound, the gasoline was purchased out of the house, and around 19:32 of the same day in N in Geumcheon-gu Seoul Metropolitan Government M with a capacity of 2 liters.

Defendant 1 tried to put the said gasoline at the end of the residence of the victimized person with a fluor and fluor in a fluor. However, the police officers belonging to the Seoul Geumcheon Police Station called the said gasoline upon receipt of a report 112, did not put the wind to prevent the Defendant.

2. The Defendant interfered with the performance of official duties at the same place in around 19:45 as at the date set forth in paragraph 1 and at the same time, “Aushhshshshshsh and gasoline.”

“The Seoul Geumcheon Police Station, upon receipt of the report 112, arrested the present owner’s building and fire-prevention P from the reduced P of the Seoul Geumcheon Police Station as the current offender to board the patrol vehicle, and assaulted the P’s right side at least twice.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of L, P, Q, R and S;

1. Determination as to the assertion of the defendant and defense counsel in the police seizure protocol

1. The defendant and his defense counsel asserted that the defendant's act does not fall under the reserve of the present main building, nor constitutes a legitimate act or a legitimate defense, since the defendant's act does not fall under the reserve of the present main building and there is no need for arrest.

As seen earlier, the defendant-appellant.

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