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(영문) 서울북부지방법원 2016.08.12 2015고합441
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 24, 2015, the Defendant, at around 23:00 on October 24, 2015, filed a dispute with his wife in the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government, with his wife’s mind that he did not leave his house, and put his house in the above residence, with his one-time thrower to the pressing located in the window of the above residence, but was disprovingd and attempted by an influent method.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. On-site photographs;

1. 112 reported matters;

1. Determination as to the assertion of the Defendant and his/her defense counsel regarding the investigation report (to hear the statement by the police officer called for the scene)

1. The summary of the assertion is that a cigarette butts are thrown away in an empty bottle where a cigarette butt is cut off at the time and place indicated in the facts charged, and there is no fact that the Defendant intentionally thrown out part of the fire prevention.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence as seen earlier, even though the Defendant committed a pressing on October 24, 2015, at around 23:00 the Defendant’s residence windows, it can be sufficiently recognized that the Defendant attempted to commit the crime by extinguishing it by an inorganic method.

The defendant and defense counsel shall not be accepted.

A. The Defendant reported five times from 22:23 to 23:11 on the day of the instant report, and reported five times to 112, and the content of the report stated that “I would know about gas protection, and promptly evacuate because I would not want to die of another person.” In particular, the content of the report made around 23:06 was that “I were fluent, fluent, fluent, and fluent.”

The Defendant asserts that on the day of the instant case, the Defendant made the aforementioned false report to the effect that the wife was fighting between the Defendant’s wife and the couple, and that the wife was booming her children, her wife, her wife, and her children’s house.

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