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(영문) 서울북부지방법원 2020.10.23 2020고합342
현주건조물방화미수
Text

Defendant shall be punished by imprisonment for a term of one year and six 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

Since October 2019, the Defendant started living together with the multi-household D located in Jung-gu Seoul, Jung-gu, Seoul, and the children of B resided in the underground E, next to them.

As a result of frequent disputes caused by the Defendant’s continuous drinking, B demanded the Defendant to leave his residence at a different association and the above residence, and had his children reside in the above underground E with his children, and the Defendant thought that he was frightening with respect to frighten.

1. On August 23, 2020, at around 12:45, the Defendant: (a) placed the entrance door in the above underground D, which is the Defendant’s residence; (b) placed the door door in a single-use log, attached a fire to the products packed in plastic bags, such as mountain bags, and the clothes in the vicinity of the products, which were contaminated with the wall, and the fire officers dispatched upon receipt of the report 119 were forced to open the entrance of the above underground D, and then abandoned the fire before the fire-fighting unit moved to the building.

2. Although the Defendant was arrested as a flagrant offender for the crime described in the above paragraph (1) and returned home as a health problem, at around 15:20 of the same day, the Defendant was posted a frighter in front of a day-to-day watcher in the above underground D, and subsequently, the Defendant attempted to open the entrance of the above subparagraph (a) and to move to the building on the gas of the gas. However, upon receiving the report, the police officers sent out after being reported to move to the building, did so by leaving the fire before moving to the building.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes of the table of report of internal investigation, field identification reports, investigation reports (victim's witness's statement), two copies of photographs, 112 photographs, and 112 reported cases;

1. Relevant Articles of the Criminal Act and Articles 174 and 164 of the Criminal Act concerning criminal facts;

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