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(영문) 광주지방법원 해남지원 2018.11.07 2018고합21
일반건조물방화미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was a person who resides in the Gun of Jeonnamdo and was dissatisfied with the fact that E residing in Pyeongtaek D was able to remove waste, thereby entering his house.

On July 17, 2018, around 22:00, the Defendant: (a) collected wastes, such as oil in front of the storage, suspension, etc. in front of the power generators located behind the Dondonnam-gun; (b) distributed approximately one liter of gasoline prepared in advance; and (c) caused a fire with a fluor, thereby causing danger to the public.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to F, G, H, and E;

1. Protocols of seizure, list of seizure and legal and chemical appraisal;

1. On-site photographs, etc. [The defendant and his defense counsel] was aware that the defendant's burning of garbage at the time of the instant case did not cause any public danger, and there was no intention to cause any danger to the public by setting fire to the defendant at the time;

The argument is asserted.

However, the following circumstances acknowledged by the evidence as follows, namely, at the time of the instant case, the Defendant prepared half of gasoline, a inflammable substance, to be flammable to the disease, and set a sprink, such as suspending most of the gasoline contained in the instant paint before the warehouse for power generation after E’s house. According to the witness G’s statement, the Defendant 30 cm above the warehouse at the time of the instant case, and the Defendant 1m above 1m above the height of the warehouse at the time of the instant accident, was turned out, and the police was called up with the residents’ report, and the Defendant’s attachment of gasoline at the time of the instant accident appears to have been sufficiently dangerous from the perspective of the general public, and the Defendant’s attachment of gasoline at the late time was kept in storage.

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