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(영문) 서울남부지방법원 2016.04.07 2016고합42
현주건조물방화미수등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

One copy (No. 5) of the seized newspaper shall be confiscated.

Reasons

Punishment of the crime

1. The Defendant who attempted to commit the crime of fire to existing buildings is living with the victim for about one year prior to the date when he is working as the delivery source of the middle cafeteria cafeteria F in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, which is operated by the victim D (V, 37 years of age).

On February 3, 2016, the Defendant sought the victim F in order to help the victim go home if the victim did not return home.

The defendant, while under the influence of alcohol, continued to go against the defendant while the victim will not have his house.

On February 3, 2016, at F around 22:30, the Defendant tried to extinguish F by attaching approximately 10 liters of primary gasoline 20 liters, such as one and heating, to the F floor, one copy of a newspaper that was located on the table, and by putting the F with fire as a barter in a newspaper that was located on the table.

G, which is the F employee of G, who discovered the course, laid off the Defendant with a fluorous newspaper.

Accordingly, the Defendant attempted to fire the existing structure of the victim, G, and H by setting fire, but attempted to do so.

2. The Defendant, at the time and place specified in paragraph 1, contained gasoline and light oil, which are dangerous objects, on the F floor, was sponsed toward the victim, and gasoline was fryed to the victim.

The defendant is dead at one time, and the defendant will die with his hand.

The term "the dead, ...." was sound and put a fire to the newspaper site.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. On-site photographs;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (request for appraisal of seized articles, request for return, etc.), requests for appraisal, replys to requests for appraisal;

1. Relevant provisions of the Criminal Act and Articles 174, 164(1) of the Criminal Act regarding criminal facts (the fact of attempted fire-prevention of existing buildings and attempted crime) and Articles 284 and 283(1) of the Criminal Act (the fact of special intimidation and option of imprisonment).

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