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(영문) 대구지방법원 안동지원 2015.10.27 2015고단580
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for six months.

The evidence 1, 1, 201, No. 161 of the Daegu District Public Prosecutor's Office, which was seized, shall be the same.

Reasons

Punishment of the crime

[Criminal Power] On April 3, 2015, the Defendant was sentenced to a suspended sentence of one year on April 1, 2015, for the crime of fire prevention in the Daegu District Court's support, for the crime of fire prevention of public buildings, and the judgment became final and conclusive on April 11, 2015.

【Criminal Facts】

The Defendant was living together with D, her children, at the home of the Defendant, who was permanently residing in C, but from June 2015, E, who was divorced from around June 2015, her former wife, she was living together with the Defendant’s house. While under the influence of alcohol, the Defendant was frequently taking a bath to E and D, and she committed sound, etc.

피고인은 2015. 9. 3. 18:57경 위 피고인의 집에서 술에 취한 상태로 D에게 “휴대폰을 찾아 달라. 차를 타고 휴대폰을 찾으러가자.”라고 수회 말을 하였고, 이에 E로부터 “왜 아들을 계속 못살게 하느냐.”라는 말을 듣게 되자, 갑자기 화를 내며 피고인의 집에 불을 지르기로 마음먹고, 창고에 보관되어 있던 휘발유 통(2리터)을 들고 나와 피고인의 집 툇마루에 휘발유 약 1.3리터를 뿌리고 마루에 놓여있던 가스점화기를 집어 들고 착화 버튼을 2~3회 눌러 휘발유에 불을 붙이려고 하던 중, D에 의해 붙잡혀 가스점화기를 뺏기게 되었다.

Accordingly, the defendant prepared to set fire to the house of the defendant, which is the main building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Records of seizure and the list;

1. Each internal investigation report and investigation report, and documents attached thereto;

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to previous records and a copy of judgment);

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

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, was sentenced to a suspended sentence due to the same preliminary crime, taking into account the fact that the Defendant committed the instant fire attempt, and attempted to commit a fire under the influence of alcohol repeatedly, taking into account the nature of the crime.

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