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(영문) 부산지방법원 동부지원 2019.03.15 2018고단2512
현주건조물방화예비
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 13, 2018, the Defendant: (a) purchased 20 liters of light oil at an influent gas station on the ground that “overfluence is too difficult;” and (b) purchased 20 liters of light oil at an influent gas station.

Then, at around 19:50 on the same day, the Defendant spreaded about 5 litress of approximately 20 litress to the floor area among 20 litress of the 20 litress of the Busan Shipping Daegu building C, and provided telephone conversations to D, a lessee of the building B, who was prepared to put a large number of people into the existing building, and made a telephone call to D, who was in charge of the above B, and caused suicide. On the other hand, the Defendant sent oil to commit suicide. On the other hand, the Defendant arrested the police officer who was called the above D and called the above 112 report and arrested him, and did not initiate the implementation of the fire prevention of the present main building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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. The crime of this case committed by the defendant for the reason of sentencing under Article 62-2 of the Probation Criminal Act is an act of causing the risk of fire, which is committed not only by the principal but also by the surrounding persons.

However, it shall be considered in favor of the defendant that the defendant would not repeat the crime again, that the defendant does not go against his own act, that the defendant does not go beyond the fine, and that the defendant has no record of criminal punishment exceeding the fine.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, environment and character and conduct of defendants, shall be determined as ordered by the order, and the defendant shall be ordered to be put on probation in order to prevent recidivism.

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