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(영문) 광주지방법원 해남지원 2015.10.08 2015고단368
현주건조물방화예비
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 2014, the Defendant, while residing together with three children of B (here, 44 years of age) and three children after marriage around October 2014, he/she was aware that he/she did not think of himself/herself as his/her father.

On June 7, 2015, at around 22:10, the Defendant, at around 22:10, experienced disputes with B and his child at the Defendant’s residence in Namnam-gun C, and told “her future dead person...................” followed 20 liters in a warehouse in his/her residence and her ward and method of gasoline, and acted as they put them into his/her hand.

As a result, the defendant was prepared for the purpose of setting fire to and burns a structure used by a person as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Related photographs;

1. Application of Acts and subordinate statutes to investigation reports (as at the time of arrival of the site);

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act that the defendant's act of fire-fighting in this case was committed in preparation, but is a dangerous act that may threaten public safety: The defendant's act is against all of the crimes in this case; the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime; and other factors such as sentencing factors under each subparagraph of Article 51 of the Criminal Act, such as circumstances after the crime, etc. are considered.

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