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Reasons
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(영문) 창원지방법원 진주지원 2019.10.31 2019고합89
현주건조물방화미수등
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who resides in Sacheon-si B lending C, and Do-dong is a multi-household building with a total of eight households with four floors.

1. On August 12, 2019, at around 23:05, the first criminal defendant committed the following crimes: (a) the Defendant: (b) the Defendant saw that he was “I will die in this way; (c)” due to the Defendant’s failure to properly respond to the Defendant’s request; (d) the Defendant released the rubber straw connected with the Plaintiff’s in the kitchen, and (e) tried to remove gas by well-fluoring the rubber string connected with the gas candle in the kitchen; (b) while he was informed of it, he did not cut off the said string.

Accordingly, the defendant released gas, resulting in danger to the life, body or property of victims who reside in the Ba, and prepared them for the purpose of preventing any fire in Ba.

2. On August 12, 2019, at the entrance of 23:44, at the second instance, the Defendant was unable to escape from E, following the Defendant, in a situation where the amount of gas emitted is small, and the amount of gas emitted was not low, under the circumstances where the Defendant attempted to cut out from the Defendant’s residence, and the amount of gas emitted was not low.

Accordingly, the Defendant, by releasing gas, did not commit any danger to the life, body, or property of the victims who reside in the Ba, and destroyed the Ba, but did not commit any attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. A list of CCTV images CDs and 112 reported cases;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 3, 5, 6, 7, 17, 19 of the evidence list);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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