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(영문) 대구지방법원 2016.11.11 2016고합474
현주건조물방화미수등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2016, 474"

1. On August 31, 2016, the Defendant, who attempted to commit fire to the present apartment building, filed a 112 report with the mother of the Defendant living together with D (Inn, 81 years old), Daegu-dong C apartment 101 Dong-gu, Daegu-gu, 101 Dong, 903, and 112, to kill the present apartment at the house of the Defendant living together with D (Inn, 101, 81 years old). After putting a fire on the clothes located in the door of the present apartment, the Defendant tried to extinguish the said apartment by setting fire to other clothes, but the firemen who opened and opened the present apartment.

In this respect, the defendant tried to extinguish a structure that a person gets on, but did not bring about such intent, but did not commit an attempted crime.

"2016, 496"

2. On August 3, 2016, at the “F” coffee shop located in Daegu Dong-gu, Daegu, around 01:20 on August 3, 2016, the Defendant obstructed the victim’s business affairs relating to the victim’s coffee business for about 10 minutes by force, such as: (a) informing the victim, who is the victim, of “Croph. Ma. Ma. Ma. . ;” (b) keeping the tables seated by the customers; and (c) keeping the employees G who control them, of which the oral cooling would not come up to a few me; (d) threatening the victim’s business.” (e) by force, the Defendant interfered with the victim’s business affairs concerning the victim’s coffee business for about 10 minutes.

Summary of Evidence

"2016, 474"

1. Defendant's legal statement;

1. A report on internal investigation:

1. On-site photographs "2016, 496";

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on investigation reports (on-siteCCTV image);

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act (the occupation of attempted crime against the present main building and attempted crime, the choice of limited imprisonment), Articles 314 (1) and 313 of the Criminal Act (the occupation of interference with business and the choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the maximum term of the principal building, structure with heavy penalty, and attempted crime of arson);

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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