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(영문) 대구지방법원 2020.10.06 2020고합220
현주건조물방화미수
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On March 25, 2020, at around 22:15, the Defendant, at C apartment, the Defendant’s residence in the Gumi-si B, drinked a mixed stress due to serious economic problems, such as the mother’s hospital expenses, etc., and the initial facts charged are stated as “I B while talked about the wife D and economic problems.” However, according to D’s statement, the Defendant merely stated that D, who was in the room where the Defendant had been under stress due to economic problems and attempted to sleep after returning home, would go against A’s own house. As such, the Defendant’s statement is justified.

위 자택에 불을 지르기로 마음먹고, 주방으로 가 가스레인지 밸브를 열고 종이호일을 꺼내 가스레인지 불에 불을 붙였으나, 이를 목격한 D이 종이호일에 붙은 불을 싱크대 샤워기 호수로 껐다.

Accordingly, the defendant continued to set fire to a location where gas bags are located in the living room, and tried to remove the house, but as D failed to do so, the small house located in the living room was spreaded on the living room floor.

The original facts in the facts charged are as follows: “In the end of the day on which a scam is cut,” it is stated that “I tried to put the food and alcohol in the house to a place on the floor of the living room and put the carpets in the space where a gas room is located. However, even though D’s witness did not put the fire attached to the scam on the scam in the scam, and did not go to an attempted attempt.” However, as the result of the examination of evidence shows obvious errors on the aftermath of the facts (as seen below, it is not recognized that the Defendant scam is scaming on the floor of the living room).”

Therefore, although the defendant tried to destroy a structure used as a residence by setting fire, he did not achieve that purpose.

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