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(영문) 대구지방법원 상주지원 2019.05.23 2019고합13

일반건조물방화미수

Text

A defendant shall be punished by imprisonment for one year.

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

At around 12:20 on November 19, 2018, the Defendant sought to make a criminal complaint against the Defendant within the “D” office operated by the victim C(75 years of age) at the time of resident stay at B, and instead, the owner of the above building did not pay the money borrowed from the Defendant, but rather did not pay the money. However, the Defendant purchased 10 liters, which is inflammable substances, at the nearby gas station, at the volume of gasoline 10 liters, at the floor of the gasoline office, and spread the said gasoline to the floor, and then cut off it to the A4 site, which was located on the part of the head office, using a single-use log, and moved it to the floor and partitions, etc., but the employee of the said office did not have attempted to do so by discovering it and spreading water.

Thus, the defendant tried to fire the above office, which is a general building, and tried to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Records of police seizure and list of seizure;

1. A report on occurrence (fire), on-site identification reports, investigation reports (Evidence Nos. 18,19), and an appraisal report by the Daegu Science Investigation and Investigation Institute;

1. Application of Acts and subordinate statutes to on-site photographs, CCTV closure photographs and seized objects photographs;

1. Articles 174 and 166 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. The sentencing criteria shall not apply to an attempted offender.

3. Determination of sentence: One year of imprisonment with prison labor, and two years of suspended sentence, the Defendant sought to resisting the Defendant to file a criminal complaint against the Defendant; however, it is not good that the Defendant committed the instant crime.