beta
(영문) 의정부지방법원 고양지원 2018.04.17 2018고합42

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2017, the Defendant: (a) around 21:05, 21:04 of Seoyang-gu C lending 104, and (b) was living female living together with the Defendant drinking alcohol to the Defendant; (c) was fluored so as to have the Defendant drinked, and went into the dwelling room and was in the floor by attaching a stringer, which was in possession of a candy for a dried strust, and then, tried to burns a structure that a person setting up one’s own width and uses as a residence.

A female living together did not commit an attempted act by cutting water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (on-site situations, etc.) and the application of statutes governing the site photographs attached thereto;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. The scope of offenses of this case according to the sentencing criteria shall not be subject to the sentencing criteria as non-offenders.

However, for the purpose of reference, the sentencing criteria for the crime of fire prevention of the current owner's structure shall be explained.

[Determination of the type] In the case of the type 1 (Setting fire, setting fire, setting fire, setting fire to public structures, etc.) (Special Sentencing Persons), actual damage (the scope of recommended punishment) (the scope of recommended punishment) and not less than 1 year and 6 months to not more than 3 years (the area of mitigated punishment)

3. Determination of sentence: One and half years of imprisonment with prison labor and three years of suspended execution may cause serious danger to an unspecified number of life or property, and this case is intended to prevent a fire to a residence in which a person actually resides, and thus, the nature of the crime is more high.

However, the defendant is willing to commit the crime of this case.