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(영문) 대구지방법원 서부지원 2016.05.26 2016고합73
현존건조물방화예비등
Text

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

Reasons

Punishment of the crime

1. On April 21, 2016, from around 06:00 to around 09:00, the Defendant used alcohol in the “G cafeteria” located in Daegu-gu, Daegu-gu, to drink with customers, but went home, and returned home. After having purchased agricultural chemical weapons at the immediately preceding day, the Defendant purchased gasoline at the 10:30 gas station located in Daegu-gu, Daegu-gu, and then purchased gasoline and put it in the bons and returned to the said G cafeteria.

On April 21, 2016, the Defendant: (a) around 10:55, at the above G restaurant; (b) at the above G restaurant for the purpose of fire prevention, the Defendant spawned gasoline on the restaurant floor with the arms of subdivision, and spawn with the large sound for customers drinking and drinking alcohol.

“At the same time, one male guest was collected as a disposable, but in fact one male guest was not placed with a string, and a string out of the restaurant.

Accordingly, the defendant prepared fire prevention of the above restaurant, which is a building in which people exist.

2. On April 21, 2016, at around 10:55, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as: (a) at the “G restaurant” operated by the Victim J (L, 67 years old); (b) at the “G restaurant”; (c) intending to give a large voice as referred to in paragraph (1) above; and (d) intending to affix gasoline and a gas to the restaurant floor; and (e) allowing customers who drink alcohol at the restaurant; and (e) preventing them from entering the restaurant, thereby hindering the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J or K;

1. Each investigation report (I CtV video analysis, victim J telephone conversations, etc.);

1. Application of the Acts and subordinate statutes concerning criminal tools photographs, cafeteria photographs, and gasoline purchase photographs;

1. Relevant Article 175 of the Criminal Act, the main sentence of Article 175 of the Criminal Act, Article 164 (1) of the Criminal Act (the preliminary point of setting fire to existing buildings) and Article 314 (1) of the Criminal Act (the point of interfering with business and the choice of imprisonment);

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment provided for in preparation for fire-prevention of existing buildings with heavy quality) of the aggravated concurrent crimes;

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