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(영문) 춘천지방법원 2020.05.14 2020고단37
현주건조물방화예비등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On September 1, 2019, at around 09:30 on September 1, 2019, the present owner’s building and fire reserve Defendant: (a) dusted the transit in the inner floor of the residential area, outside warehouse, and passage through the passage of the Defendant, which had been in possession for the purpose of making fire in the remaining residential areas where the Defendant was located in Hongcheon-gun, Hongcheon-gun; and (b) spread the transit to the body of the Defendant.

Accordingly, the defendant, along with C, has prepared a fire prevention to the present residential building.

2. On September 1, 2019, the Defendant reported at around 09:45, at the Defendant’s residence as indicated in paragraph (1), 112 of the same Article, that “I fright to fright to fright to house” and that “I fright to fright to house” was pushed down with the chest part of the Defendant’s chest part of the Hongcheon Police Station D District, which was called for, and pushed down with the fright to fright, and pushed down with the fright’s chest part of the Defendant’s chest part to f to fright to stop this.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the 112 Reporting and Handling Affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. On-site photographs;

1. 112 reported case handling table;

1. Police seizure records;

1. Application of Acts and subordinate statutes to field identification reports, legal chemical appraisal reports;

1. Articles 175, 164 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for the crime of obstruction of performance of official duties

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant prepared a fire by spreading a considerable amount of passage through the residence, resulting in danger to the residence and its surrounding areas; (b) the Defendant’s assaulted the police officers in receipt of the report and obstructed the legitimate performance of official duties; (c) there are no disadvantageous circumstances; or (d) the degree of interference with the use of violence and official duties is not excessive; and (d) the victim C of the fire reserve is punished against the Defendant.

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