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(영문) 서울중앙지방법원 2014.02.07 2013고합1401
현주건조물방화미수
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 December 2, 2013, at around 21:30, the Defendant demanded the victim D to change the drinking value from 105 dong 1201, Jongno-gu Seoul, Jongno-gu, Seoul E apartment 105 dong 1201, which is living together with C, P, or D, but the said victim refused to do so, and the Defendant was able to fire the said apartment 105 dong where the victims and the residents in the name of the victims reside.

이에 피고인은 위 1201호의 작은 방으로 들어가 그 곳에 있던 두루마리 휴지를 약 1m 가량 풀어 한쪽을 잡아 늘어뜨린 후 미리 소지하고 있던 라이터(증 제1호)를 이용하여 위 휴지의 아래 부분에 불을 붙여 약 10여벌의 옷들이 뭉쳐져 있는 곳에 불이 붙은 휴지를 올려놓아 휴지에 붙은 불을 위 옷들에 옮겨 붙게 하였으나 피해자 C이 이를 발견하고 옷에 붙은 불을 껐다.

As above, the defendant tried to extinguish the above apartment house in which the victims and the residents in the name of the victim reside, but did not achieve the intent, but did not commit the attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. Records of seizure and photographs for a single-time seizure;

1. On-site photographs [Recognizing the fact that the defendant attached fire to the clothes, the defendant was aware of the fact that the apartment house (105 dong 105 dong 105 dong) (the evidence presented that there was no intention to destroy fire) was taken into consideration, that is, the following circumstances acknowledged by considering all the evidences of the judgment, such as the following circumstances: the defendant's clothes with fire are easily burned materials, and the clothes are placed on the floor, so there was possibility that the fire may be moved to the floor at any time or the be moved to the other household, and the defendant was aware at the prosecutor's office that the defendant could move to the other household if the fire is fire in the apartment room, and that the defendant stated that "the defendant was frightened at the time of the commission of the crime."

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