logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2020.04.29 2020고합8
현존건조물방화미수등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:40 on December 2, 2019, the Defendant who attempted to commit fire to the existing structure and fire of a structure refers to “the same dead person” as a entertainment drinking club operated by C, which was in a ties in Jindo-gun B, Jindo-gun, on the ground that C does not take the part of himself/herself. The Defendant attempted to extinguish the existing building by setting fire to C and D (47 years old) the guest of the said entertainment drinking club with a stringer who was in possession of a cremation paper on the floor after setting a stringer with a stringer, which he/she was in possession of. However, the Defendant attempted to extinguish the said building by attaching a fire to the aforesaid method, but the Defendant attempted to commit the said building by setting fire again, but the said C attempted to extinguish the fire by the wind.

2. The Defendant assaulted the victim by taking care of the victim’s scam part on two occasions from the victim D (year 47) while avoiding the disturbance at the time and place indicated in the above “1” clause as stated in the above “1.”

3. On December 2, 2019, around 01:20 on December 2, 2019, the Defendant was living in Jindo-gun E and 2nd floor, and the victim was living in front of the said victim C’s residence, and the Defendant was living in the said residence, with approximately 20 minutes of sound going up to the second floor through stairs, and the Defendant was living in the said victim’s house and infringed upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim C and F;

1. A written statement of the victim D;

1. Application of each investigation report and each field photograph Act and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Articles 174, 164(1) and 260(1) of the Criminal Act (the choice of a limited term of imprisonment, the Defendant, who committed violence, stated that he/she made an agreement with the victim D while giving one million won to the victim D, but there is no material to confirm the victim’s explicit intention of not to punish the victim.), and Article 319(1) of the Criminal Act on the selection of a sentence.

arrow