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(영문) 대구지방법원 2018.12.20 2018고단4947
현존건조물방화예비
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant and B had an objection to the fact that he frequently drinked with male customers who had been suffering from drinking in the form of “D” in Daegu-gu, the Defendant had an educational task with each other and living together. On October 27, 2018, in the course of telephone conversations with B around 00:04, there was suspicion that B had an inappropriate relationship with the customers who had been found in the said singing place, and then purchased gasoline 4 liters in the said singing place, and divided it into two bits. On the same day, around 00:30 on the same day, the Defendant found that he purchased gasoline 4 liters in the instant singing place and divided it into two bits.

As a result, the defendant was prepared for the purpose of setting fire to the building in which people exist such as B and customers.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against B;

1. Seizure records;

1. Application of the Act and subordinate statutes to a investigative report (to attach on-site CCTV images CDs);

1. The main sentence of Article 175 of the Criminal Act and Article 164 (1) of the same Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) was that the Defendant reserves fire prevention by dusting gasoline in the singing room in which people are present. Since there is a risk of causing danger of death or bad danger to the present people or damage to property, the degree of criticism is high.

However, the defendant's age, sexual behavior, environment, circumstances before and after the crime shall be determined as ordered in consideration of the fact that the defendant committed the crime of this case in a contingent manner, did not proceed with the act to attach a fire, and there has been no history of punishment heavier than the fine so far.

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