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(영문) 서울남부지방법원 2017.11.03 2017고합388
폭행등
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 25, 2017, the Defendant, at around 22:50 on July 25, 2017, expressed the victim’s desire under the influence of alcohol in “E Multilateral” operated by the victim D (FE, 72 years of age) of the first underground floor of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and expressed the victim’s desire, and fright the victim from the victim of the disturbance “I am out of

“I hear the language of “,” and assault the victim by drinking the victim’s face at one time, and by walking the victim’s side at one time.

2. The Defendant attempted to commit fire to the existing structure: (a) at the same time and at the above place, the victim, and the customers who had been suffering from the disturbance, sent out the disturbance to the outside; (b) attempted to extinguish the building by placing the fire to the above multiple buildings where many people exist, such as the victim and the customers who found the said multiples; and (c) opened a iron door leading to the front door of the above multiples around July 25, 2017 through the front door door of the above multiples around July 22:58, 2017; and (d) attempted to extinguish the building by placing the fire to the above buildings by attaching it to the fire by attaching it to the combustion, such as a shot board and vinyl, etc., located on the LP gas tank, but the fire brigade discovered that there was a gas tank on the part of the victim.

Thus, the defendant tried to fire a building in which people exist, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement prepared by the F;

1. Photographs photographs of each case on the site;

1. A police investigation report (in relation to the investigation of on-site CCTVs, the logs used by a suspect for committing a crime) and attached data;

1. Application of Acts and subordinate statutes to fire scene surveys and photographs attached thereto, and legal safety appraisal reports;

1. Relevant legal provisions of the Criminal Act and Articles 174, 164 (1) (the fact of attempted fire-prevention of existing buildings, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of assault, the choice of imprisonment with prison labor) of the same Act concerning criminal facts;

1. Attempted mitigation of crimes under the Criminal Act;

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