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(영문) 창원지방법원 거창지원 2015.02.11 2014고단371
현주건조물방화예비등
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

1. At around 15:12 on July 10, 2014, the Defendant: (a) purchased one plastic box and one portable gas cann't know the trade name in the city of Changwon; and (b) purchased approximately 20 liters and one portable gas cann't re-enter the trade name in the Gyeongcheon-gun, Gyeongcheon-gun; and (c) purchased approximately 10 liters in the same Eup and stored in the above plastic box.

On July 10, 2014, at around 22:42, around 22:42, the Defendant discovered B coming from the entrance of E entertainment tavern C and 2, which was operated by D, from the first floor to the stairs while waiting for B, and tried to spread the gasoline he was prepared to the floor, and to extinguish the building with a portable theater located in the main machine. However, the Defendant prevented the Defendant from turning into D and B.

Accordingly, the defendant prepared for the purpose of setting fire to and burns a building in which people exist.

2. In the date and time set forth in paragraph 1, the injured Defendant attached his body that the victim D(the age of 47) would not turn on a dog at the victim’s time and place, attached the victim’s face to five times due to the horses, the Defendant’s head, and carried out a part of the inner part and the two strings in need of the victim’s treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, D, and F;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each on-site photograph, victim D's assault photograph;

1. Relevant Article of the Criminal Act, Articles 175 and 164 (1) of the Criminal Act (the occupation of the present main building and the reserve for fire prevention), and Article 257 (1) of the Criminal Act (the occupation of an injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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