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Reasons
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(영문) 의정부지방법원 2020.06.10 2019고합400
현존건조물방화예비
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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 a person who engages in delivery from a delivery company operated by the victim B.

At around 11:30 on October 19, 2019, the Defendant: (a) heard from the C Office of the Victim Operation Company’s C to the end that “I will return Lao, and only prepare D.”; and (b) returned Maba, used by the Defendant for delivery.

At around 17:00 on the same day, the Defendant saw that the Defendant did not own the Oralba and did not receive the lease fee even though the Defendant paid the lease fee so far, he did not look at the victim's office with gasoline included in the 500ml aquatic disease and found in the victim's office.

At around 19:55 on the same day, the Defendant was at the victim's office located in Gyeonggi-si, 19:55 on the same day, based on whether the victim returned Otoba, but the victim was able to talk with C chief of the office and put the gasoline prepared to do so on the body, floor, entrance, etc. of the Defendant, but the victim did not put the gasoline on the part of the victim.

As a result, the defendant prepared for the purpose of harming the victim's existing building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each statement of B and C;

1. A report on seizure, a list of seizure, a report on the results of field identification, a request for fire appraisal, a written request for appraisal, a report on request for appraisal, and a legal chemical appraisal report;

1. Each investigation report (the sequence 9, 12 of the evidence list);

1. Application of Acts and subordinate statutes, such as photographs, on-site photographs, and rental service contract, such as crime tools, etc., carvings, field photographs, etc.;

1. Articles 175 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment from one month to five years.

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