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(영문) 서울서부지방법원 2018.09.19 2018고합142
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:40 on May 27, 2018, the Defendant, without any justifiable reason, was in possession of the victim D’s third floor multi-unit housing building owned by Seodaemun-gu Seoul, Seodaemun-gu, Seoul, attached a string with a string, which was accumulated next to the above building, and caused 8 persons such as E, etc. to have a string of the first floor of the above building used for residential purpose through the string of the string, but did not have the intention to go to F, etc., but did not go through a wind that is discovered and advanced to F, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made in relation to D, E, and G;

1. Legal and chemical appraisers;

1. Seizure protocol (net 2);

1. Comprehensive report on fire occurrence;

1. The photograph, on-site photograph, and each photograph (the net 48,50) of seized articles;

1. Application of each investigation report (in the inside of the exhaustr door, and confirmation of the victim's surroundings of multi-household housing) statute;

1. Relevant Articles 174 and 164 (1) of the Criminal Act concerning the facts constituting an offense (opportune imprisonment with labor);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Determination as to the Defendant and defense counsel’s assertion under Article 48(1)1 of the Criminal Act

1. The summary of the argument is that the Defendant, who was under the influence of alcohol, did not shotly shotly shotly shotly shotly shotly shotly sicked on the box, or where a cigarette shotly sicked on the box.

Even if the defendant's negligence was not caused, there is no intention to prevent the fire to the present residential building.

2. In order to establish the crime of fire prevention against the present building, it is necessary to commit the act of setting fire to and use the fire for the residence or setting fire to the existing building, but such intention is not required to be planned or confirmed, but it is possible to cause the above result due to its act.

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