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(영문) 춘천지방법원 원주지원 2018.05.17 2018고합21
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On January 19, 2018, around 13:15, the Defendant leased the first floor of the building owned by the victim E (58 S) located in the Won-si, the Defendant: (a) reported that the damaged person stores construction materials and garbage in front of the warehouse of the Defendant, and changed the victim to store it; (b) however, the victim did not accept the said request and put the phrase “I would like to go off if I would like to do so.” (c) caused the defect of the phrase “I would like to go off,” and (d) caused the damage to the building owned by the victim in the Won-si F.

The Defendant, while keeping in his own warehouse, has a 1L volume and a stringer, carried a stringer and a stringer in the underground of the above F’s building, dump part of the strings on the floor, and dumped into the “G” restaurant on the first floor of the same building, and dump part of the strings on the floor of the strings on the floor, did not lead to the wind to be controlled to the employees of the above restaurant.

As a result, the defendant prepared fire prevention for the purpose of destroying a building in which people exist.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and E;

1. Application of Acts and subordinate statutes to each list and protocol of seizure;

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

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The scope of applicable sentencing in the law for the reason of sentencing under Article 48(1)1 of the Criminal Act: Imprisonment with prison labor for not more than five years is not set;

Determination of sentence: 10 months of imprisonment and 2 years of suspended sentence recognize and reflects the defendant's wrongness, and the defendant's age, sex, environment, means and result of the crime, etc. shall be determined as ordered by the sentence in consideration of all the conditions of sentencing, such as the defendant's age, sex, environment, means and consequence, after the crime.

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