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(영문) 수원지방법원 성남지원 2014.07.18 2014고단1308
현존건조물방화예비등
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

1. From November 2013, the Defendant: (a) purchased gasoline of an amount equivalent to 3,000 won at the market price for the purpose of destroying the victim’s house in G gas stations located in Gwangju City on May 29, 2014; (b) purchased gasoline of an amount equivalent to 3,000 won at the market price for the purpose of destroying the victim’s house by setting fire at G gas stations located in Gwangju City on May 29, 2014; and (c) filled in the Myanmar plastic box with the victim’s house to make it possible for the victim E residing in 201 to find out the victim’s house by repeatedly causing noise between ordinary stories; and (d) make it possible for the victim to find out the victim’s house.

2. On May 29, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) obtained the first race before the victim E’s home located in Gwangju City D and 122 Dong 201, and, as seen above, took a plastic box containing gasoline, which is a dangerous object purchased as above, and expressed the victim’s attitude that “I will open the door. I will die without opening the door,” and the victim threatened the victim with the appearance that he would spread gasoline in the crepan of the mos of the rash.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs, copies of receipts, and photographs of seized articles;

1. Articles 175 and 164(1) of the Criminal Act for the crime concerned; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 283(1) of the Criminal Act for the crime (a threat to carry dangerous articles);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows.

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