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(영문) 의정부지방법원 고양지원 2018.08.09 2018고단1222
현존건조물방화예비
Text

The defendant shall be innocent.

Reasons

1. The Defendant of the instant facts charged: (a) 5 liters containing 2 liters who prepared to file a complaint with respect to the instant case in the first floor of the C Police Station located at C Police Station at around October 18, 2017, in the first floor of the C Police Station located at C Police Station at around 14:30,017.

In possession of one plastic box, two razers, newspaper sites, etc. and in this place Ga, gasoline shall be cut off from their body and strings on the floor of the strings and strings.

When intending to attach a fire to a newspaper site, it was prepared without the commencement of enforcement by the wind to the present staff who had been on the spot.

Accordingly, the defendant prepared the existing building fire prevention.

2. Determination

A. In order to establish a preliminary crime against the present owner's building fire-prevention, there must be an objective preparation for the realization of the crime against the present owner's building fire-prevention in addition to the intention to commit the crime against the present owner's building fire-prevention, and furthermore, it should be an objective preparation for the realization of the crime against the present owner's building fire-prevention.

On the other hand, the purpose of the crime in the crime of purpose is to establish a crime as an excessive subjective illegal element, and the prosecutor bears the burden of proof as to the facts constituting the elements of the crime charged in a criminal trial. Thus, the prosecutor must prove that the purpose of the crime of destroying the present main structure was to commit the crime of destroying the present main structure in preparation of the present structure, beyond reasonable doubt.

B. According to the evidence duly adopted and examined by this court, the following facts are recognized.

1) The Defendant filed a complaint with C police station around around 2016 for intimidation against foreign workers, but the complaint was not received on the ground that no jurisdiction exists.

On July 2017, the Defendant had been investigated by the C police station on the charge of violation of the Punishment of Violences, etc. Act (joint assault) with the spouse of the Defendant due to a criminal action against a foreign employee around July 2017. However, the Defendant appealed to be detained in the course of the investigation.

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