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(영문) 대구지방법원 2013.07.25 2013고단2702
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on March 9, 2013, the Defendant, as the victim C (n, 41 years of age) and the previous six months of age, unilaterally hedginged by the victim, and franchising the victim’s unilaterally, and franchising it into the gas station located in Daegu-gu, Daegu-gu, and around 1.8 liters with the market price of 7,000 won at the ETS 2 points of 1.8 liters. On the same day, around 19:00 on the same day, the Defendant prepared fire prevention by spreading the said gasoline on the floor in front of the victim’s residential suspend located in Daegu-gu, Daegu-gu, 101.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Two copies of a photograph of seized articles and eight on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 175 and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The defendant and his defense counsel asserted that there was no purpose of fire prevention. However, in light of the following circumstances acknowledged by the evidence as seen earlier, the defendant purchased the victim's gasoline and then shot away the gasoline on the victim's front floor before the victim's residence, and the defendant, at an investigation agency, was holding a horse at the time when the victim shot away the gasoline, but stated that the defendant laid off the gasoline at other places after shot dusting the gasoline at the victim's residence, it is recognized that the defendant shot dusts on the victim's front floor before the victim's residence for the purpose of fire prevention.

Therefore, the defendant and his defense counsel are not accepted.

In light of the fact that the risk of the instant crime is severe, the Defendant’s liability is not easy, but the risk of the instant crime is not realized by spreading gasoline, the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime.

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