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(영문) 대구지방법원 2019.10.01 2019고합238
현존건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

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, as a religious organization in the Gu and America, requested the “C” side to return any part of the money he paid, while engaging in religious activities in the Gu and Si/Gun/Gu’s religious organization in B. However, the Defendant was willing to flickly refuse in the “C” side.

1. On May 8, 2019, the Defendant of a general product fire-prevention around 10:33, in the Gu-U.S., where the office of the above “C” was located, the Defendant: (a) rootsed gasoline that was prepared in advance on the front floor of the outer wall of the building; (b) installed a fire using a rater; and (c) caused public danger by causing waste further to remove the outer wall of the building.

2. On May 8, 2019, the Defendant attempted to commit fire to the existing structure: (a) around 11:10, when the believers of the above “C” on the 5th floor of the Gu-U.S.D. D building were frighted, the Defendant spreaded the gasoline prepared in advance to the first floor of the building with a fire on the inter-faced newspaper; and (b) went to the inside the non-breadth room; and (c) the said “C”, “C,” et al., went out of the existing building; (d) however, it did not go out of the wind that a sprinkler operated.

Thus, the defendant was trying to fire a building in which people exist, and was attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Each protocol of seizure and each list of seizure;

1. Reports on the occurrence of each fire and reports on the results of field identification;

1. Application of Acts and subordinate statutes to report internal investigation (including the list of evidence Nos. 2, 8, 11, each accompanying material), investigation report (including the list of evidence Nos. 18, 19, 20, 21, 24, 28, 30, 35, and each accompanying material);

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the fact that the existing building or the attempted crime is committed, the choice of limited imprisonment), and Article 167 (2) and (1) of the Criminal Act (the fact that the general goods owned by the person concerned are fire prevention, and the choice of imprisonment);

1. Articles 25(2) and 55(1) of the Criminal Act for mitigation of attempted crimes

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