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(영문) 서울동부지방법원 2015.01.30 2014고합386
현주건조물방화미수등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On January 29, 201, at around 15:05, the Defendant: (a) 15:05 on the part of the Victim D (Woo, 57 years of age) in the E-cafeteria operated by the Victim D (Woo), the Defendant, on the ground that “the victim gets the boiler to have the boiler installed because he does not stop the window without opening it; (b) 1 time the victim’s left head on the part of the victim’s drinking ; and (c) 1 time the victim gets the victim from the damaged restaurant, she gets the victim from the back of the damaged restaurant, she gets the victim back to the restaurant, and she gets the victim back to the restaurant, and she took the alcohol once again by drinking.

As a result, the Defendant suffered bodily injury such as tearing about 4 cm in the end of which the number of treatment days cannot be known to the victim.

2. 현주건조물방화미수 피고인은 제1항 기재 일시, 장소에서 제1항 기재와 같은 이유로 화가 나 위 식당을 불로 태우고 자신도 죽겠다고 하면서 방에 있던 오리털 점퍼 등의 옷을 바닥에 쌓아 놓고 일회용 라이터로 불을 붙이고 그 옷 위에 앉아 피고인의 상의 뒷부분에 불이 붙게 하였으나, 이를 발견한 피해자가 발로 피고인을 밀고 빗자루 등으로 불을 껐다.

Accordingly, the defendant tried to commit an attempted crime by burning the above restaurant used as a residence by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to photographs, investigation reports (influences, etc.) (along with the denial of the fact of injury by the defendant and his defense counsel, but according to consistent statements and photographs (Evidence No. 13 pages) of the witness D, it is sufficiently recognized that the defendant inflicted injury upon the victim as stated in

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 174 and 164 (1) of the Criminal Act (the fact of attempted fire-prevention of the present main building and the choice of limited imprisonment);

1. Mitigation (limited to the crimes of attempted principal building and attempted prevention) under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. The Criminal Act among concurrent crimes.

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