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(영문) 대전지방법원 2016.12.23 2016고단3661
현주건조물방화예비등
Text

A defendant shall be punished by imprisonment for six 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

Defendant A and the victim C had been sentenced to a fine by destroying the fence of the victim's house, and the Defendant had a good appraisal for the victim. The Defendant had a good appraisal by destroying the fence of the victim.

Criminal facts

1. On September 27, 2016, the Defendant: (a) around 22:10 on September 27, 2016, while under the influence of alcohol in front of the victim’s house gate located in Chungcheongnam-gun, Chungcheongnam-gun; (b) without any reason, carried the mail on his/her hand floor; and (c) laid it out with a brush so that the repair cost would be reached.

2. On the ground that the present owner’s building and fire reserve Defendant damaged the mail as described in Paragraph 1, the victim’s son and son were able to talk with the victim, and the Defendant, who became satisfy, fryed gasoline at the victim’s house, and satisfed with the victim’s mind to correct the fire.

At around 22:40 on September 27, 2016, the Defendant brought gasoline 1 (10 litres) around the victim’s house, and dump the victim’s house wall flick, dump the gasoline dump with the victim’s house, and found the gasoline dump with the fence, and dumped the police officers dispatched upon receiving a report, dump the victim’s house, and dumped the fire. In order to prevent the victim’s house from setting fire, the Defendant dumpeded the victim’s house.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the first police suspect interrogation protocol against the defendant in part;

1. Application of the police protocol of statement C to the Acts and subordinate statutes

1. Relevant provisions of the Criminal Act, Articles 175 and 164 (1) of the Criminal Act (the point of preliminary fire prevention) and Article 366 of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. A crime that has no record of criminal punishment other than four times, including the violation of the reason for sentencing under Article 48(1)1 of the Criminal Act, the agreement of the victim, and the fine.

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