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(영문) 울산지방법원 2016.03.25 2016고합37
현주건조물방화미수등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2016, the general motor vehicle fire Defendant discovered that the Eone Star Sheet parking zone owned by the victim D is parked in the resident priority parking zone located in Ulsan-gu, Ulsan-gu around 01:30 on January 22, 2016, and opens a string door after the string of the string glass door in which the string door was shouldered.

The fire was attached to the chief set, which caused the fire to spread to the entire string of the string, and the fire was destroyed by the fire.

2. The Defendant attempted to commit fire to the present church building, as described in paragraph 1, destroyed the van, and opened the entrance door at the H church managed by the victim G in Ulsan-gu, Ulsan-gu, and entered the office of the said church.

After that, the Defendant, on the ground that the believerss of the above church and play in the above church were frightened without any justifiable reason, destroyed the property worth KRW 716,500 in total of the market price by attaching documents in the door of the office, which had been holding in the above church building on the ground that it was destroyed without any reason. However, the Defendant discovered that the victim was frighten in the building, and attempted to extinguishing the building before the fire.

Accordingly, the defendant tried to fire a building in which people exist.

There was an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Each field photograph (No. 5, 10), reports (No. 4, 9) as a result of field identification, and estimates; and

1. Each investigation report (No. 2, 7, 13) and the application of laws and regulations;

1. Relevant legal provisions of the Criminal Act and Article 166(1) of the Criminal Act (the occupation of fire prevention against ordinary automobiles) concerning facts constituting an offense, Articles 174 and 164(1) of the Criminal Act (the occupation of attempted fire prevention against the present owner's structure and the choice of organic imprisonment);

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the grave building and the attempted crime of fire prevention).

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