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(영문) 수원지방법원 안양지원 2016.07.01 2016고단702
현존건조물방화예비등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2016, the Defendant, at around 11:40 on May 9, 2016, sought answers from the National Health Insurance Corporation office located in the 182, and 3th floor of the city in which he/she was informed of the attachment notice due to the unpaid health insurance premiums, and sought answers from the employees in charge that the unpaid health insurance premiums should be paid by the employees in charge, and he/she did not stop the employees in the existing building. At around 14:10 on the same day, he/she carried 20L gasoline, which the employees in charge of the above Corporation prepared in advance to the above office, carried 2/3 of gasoline in the middle, and laid down 2/3 of gasoline in the floor, and laid out the same in advance prepared to attach fire. However, even though he/she did not stop the employees in the surrounding area.

2. On May 9, 2016, the Defendant: (a) obstructed the victim’s duties by avoiding disturbance over about 10 minutes; (b) i.e., spreading gasoline to the above Service’s office where the employees of the said Service, including C, who are employees of the victim of the National Health Insurance Corporation, work, as indicated in the foregoing paragraph (1) around May 14:10, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (for victim and suspect statements, ctv video analysis, investigation of seized articles);

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Code [ normal circumstances to be considered] could cause serious harm to human life and property and damage to property due to fire, and actually interfere with the victim’s work.

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