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(영문) 부산지방법원 2018.08.24 2018고합285
현존건조물방화
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 20, 2018, the Defendant: (a) at the main point of “E” on the third floor of the third floor building located in Busan Dong-gu, Busan; (b) at around 02:21, the first floor of the third floor building located in Dong-gu, Busan, for the reason that the Defendant did not repay the money invested by F of the main branch president in the state of under the influence of alcohol on the ground that he was unable to discern things or make decisions; and (c) he was in possession, attached a fluor to the standing signboard, attached the fluor to the fluor, etc.; (d) however, the Defendant did not go against the wind that the police officer called upon the notification of the main branch employees that the Defendant fluored and fluored the fluor.

As a result, the Defendant tried to extinguish the above building, which is a studio sing room, with the studio sing room in the above building, and the above F.

There was an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. CCTV image data CDs;

1. A report on investigation (Attachment of on-site photographs), and site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (a CCTV image data analysis inside the E main point), or a photograph by capturing a course;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Scope of recommended sentences according to the sentencing criteria: since they are minor offenders, the sentencing criteria shall not apply.

3. The Defendant, who was sentenced, tried to extinguish the main building by setting fire to the standing signboards located within the main office where F does not report the sales details by the chief executive officer F.

There was an attempted attempt.

Fire-prevention is a highly dangerous crime that may cause unexpected damage to life, body, and property of a person with no risk.

In this case.

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