(영문) 수원지방법원 여주지원 2015.02.02 2014고단947

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(영문) 수원지방법원 여주지원 2015.02.02 2014고단947

현주건조물방화예비

Text

A defendant shall be punished by imprisonment for not more than ten 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 December 3, 2013, the Defendant: (a) committed assault to all the wife and his family members; and (b) expressed that he would distort his house as he did not have economic ability when drinking only with a divorceed with the former wife C on December 3, 2013.

On November 29, 2014, at around 19:20, the Defendant, along with his family members in Gyeonggi-si D, sent a phone to a person working in the workplace under the influence of alcohol within his residence, and called “I will not enter the house, or leave the house,” and it was difficult for C to enter the house, and the Defendant added a prepared gasoline gate to the stairs of the entrance of the residence, the interior room, and the inside room.

Accordingly, the defendant was prepared for the purpose of setting fire to and burns the above residence used by the person as a residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of seizure and the list of seizure;

1. Statement of police statement concerning E and C;

1. Investigation report (Attachment of photographs of the scene of crime), and photographs of the damaged site;

1. Application of the statutes on response to requests for appraisal;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The defendant, who has a number of records of violence for the reason of sentencing under Article 48(1)1 of the Criminal Act, has prepared fire prevention by spreading gasoline for the purpose of destroying his house at the end of the dispute with the previous wife, and must be punished by strict punishment in light of the risk of the crime.

However, it is ordered as per the Disposition in consideration of the fact that C wishes to be the Defendant’s wife, the confession and reflect of the Defendant’s crime, and the fact that the Defendant was already detained for a certain period of time, etc., it shall be sentenced as per the Disposition.

참조조문

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