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(영문) 대구지방법원 2020.10.15 2020고단4121
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

The defendant is the relationship between the victim B (n, 70 years of age) and the internal relationship, and around May 20, 2002.

At around 13:30 on May 2, 2020, the Defendant: (a) demanded the victim to open the apartment entrance, but did not enter the apartment entrance, and (b) did not return the body of the Defendant, which the victim used as a residence.

Accordingly, the defendant purchased gasoline 8,347 liter in a gas station near the same day at around 13:40, and found it in the future of the above apartment unit D with the gasoline and a stringer, but it was not a matter of intention as the control of the police officer dispatched after receiving a report and the head of the management office of the apartment complex and the police officer dispatched.

In this respect, the defendant prepared gasoline and set fire for the purpose of setting fire to a structure used as a residence by the victim.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. The application of Acts and subordinate statutes to each of the records of seizure and the list of seizure lists, report on internal investigation (related to the photographs of gasoline purchasers), investigation report (related to the receipts that a suspect purchases gasoline), investigation report (related to the receipt that a suspect purchases gasoline), investigation report (related to the CCTV), investigation report (related to the receipt of a report on investigation (related to the statement of a victim), investigation report (related to the dispatch of a statement by a victim), investigation report (related to the submission of a statement by a victim), investigation report (related to the disposal of gasoline which is referred to in subparagraph 1

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The crime of this case was committed by the defendant due to the conflict with the victim who was in an internal relationship, and the nature of the crime was bad, and the defendant has a favorable history of criminal punishment several times due to violence: the defendant is the case.

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