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(영문) 수원지방법원 2020.01.09 2019노1633
현존건조물방화예비
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is recognized that the Defendant had an intentional fire-prevention intent in light of the circumstance where the Defendant purchased but entered the game of this case and the Defendant’s actions within the game room.

Even if the Defendant did not have an intention to commit a fire, the Defendant’s act constitutes “an act of making another person uneasy or annoying or diseasying another person by uttering or doing rough words or acts, which are stipulated in Article 3(1)19 of the Punishment of Minor Offenses Act,” and thus, constitutes a crime of violating the Punishment of Minor Offenses Act.

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On February 5, 2018, the Defendant: (a) around 20:30 on February 5, 2018, the summary of the facts charged in the instant case was an employee E and Si expenses on the ground that the said game room employees did not promptly put in the game coin at the “D” game room operated by Sungnam-si, A; and (b) during that process, the Defendant told the instant game room by advertising and disregarding the Defendant.

Since then, at a convenience store where it is difficult to find out the trade name near the above game site, the Defendant purchased two group of butane gas (4, 8 grouped one grouped one, and 1 united one total number) and held two grouped of butane gas in the inner plastic container, and carried one grouped one unit into the above game room at around 21:30 on the same day, and entered the game room at around 21:30 on the same day, and three employees, such as the operator C and the above E, and six customers whose names cannot be known, called “I am off,” and put the same group into the floor, and put the same group into the floor, and did not form the wind to cut the above part of carbon gas into the employees F, who were able to see the remaining part of the bar as one grouped of carbon gas.

Accordingly, the defendant sets up and set fire to a building in which people exist.

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