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(영문) 서울남부지방법원 2013.12.13 2013고합373
현존건조물방화예비
Text

A defendant shall be punished by imprisonment for six 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 17:00 on July 14, 2013, the Defendant attempted to extinguish the above church with the members of the church, such as the victim F, etc., who are the head of the church, by attaching 5 liters, who were in possession of their body and with a dogb with a dog string in the church located in Gangseo-gu Seoul Metropolitan Government, while the Defendant did not attach a wind to prevent the said victim from turning on the bus with the Defendant’s engine.

Accordingly, the defendant prepared the existing building fire prevention.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (attaching the report on replys to the request for appraisal by the National Science Investigation Institute);

1. Application of Acts and subordinate statutes to photographs of the details of on-site photographs, criminal tools photographs, and videos purchased;

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

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

3. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Not more than five years of imprisonment with prison labor within the scope of punishment by law;

2. The crime of this case, 6 months of imprisonment with prison labor for the decision of sentence, 1 year of suspended sentence, was found in the church where the defendant was living together to find a woman living together and did an act to attach a fire using a dog to the present church, thereby preparing fire prevention. In light of the fact that there was about 50 persons in the above church at the time of the crime of this case, and there was about 50 persons in the above church at the time of the crime of this case, which could cause serious damage to the life and property of the people who were not living together, the criminal liability of the defendant is not easy.

However, the fact that the defendant is in profoundly against the crime of this case, that the attitude of the damaged church is about the defendant's wife, and that the defendant's age, character and behavior, environment, motive, means and result of the crime;

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