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(영문) 대구지방법원 경주지원 2019.05.30 2019고단106
현존건조물방화예비
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who resides in B's house located at racing-si, was 40,000 won in cash located in the defendant's room which was stolen by his father of the victim C(20 years of age) who resided in the same house, and was able to prevent the victim's room, and prepared plastic transit posts containing the defendant's oil in advance.

On January 19, 2019, the Defendant, at around 20:20, tried to 100 square meters in the above house, where the victim was aware of that the victim was in room, she was able to remove the light oil contained in the 10-L plastic box, which was prepared by putting the light oil in the floor, on the floor, and fire the room in which the victim was living. However, the Defendant failed to attach the above room because it was impossible for the victim to cover the room or to turn on the wind to control the Defendant.

As a result, the defendant prepared fire prevention for the purpose of setting fire to and burns the residence in which people exist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. Investigation Report - Application of Chapter IV of photographic Acts and subordinate statutes

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

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case is an act of having not only the defendant but also people around the defendant put the risk of a brut fire.

However, it is said that the defendant will not repeat the crime in a profound manner and not repeat the crime again.

As a result, it was found that the crime of this case was committed in a preliminary act and did not cause substantial damage to the victim.

The father of the victim has not been punished for the defendant.

(victims are separately detained and detained in prisons). The age, environment, means and results of the crime, circumstances after the crime, etc. of the accused.

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