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(영문) 대구지방법원 안동지원 2015.09.17 2015고합39

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 24, 2015, at around 09:15, the Defendant, at the Defendant’s house located in C of the Yancheon-gun, had the mind of being mixed, by disregarding his reputation and self consciousness. On May 24, 2015, the Defendant, at the Defendant’s house located in C of the Yancheon-gun, sent a string to the Defendant, who was in possession of the Defendant, frighted under the Defendant’s love book, frighted under the Defendant’s seat, and put the string to the Defendant’s seat. However, there was concern that the Defendant was frightening about the 119 fire, and the Defendant attempted to turn off the fire by the fire officer dispatched at the time of reporting the 119.

Accordingly, the defendant tried to fire the housing which is the main building, and attempted to commit the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of a suspect at a fire prevention site);

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

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

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following).

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. Determination of sentence: In light of the fact that the crime of this case 2 years of suspended execution in one year and six months of imprisonment is likely to cause damage to the life and property of others as the defendant, which would result in attempted crimes, by setting fire to his house, and which would result in damage to another person's life and property, the punishment for the crime of this case is not less

However, this case’s crime is recognized by the Defendant, and reflects his mistake, the Defendant appears to have committed the crime of this case by contingency while under the influence of alcohol, and the crime of this case is committed by the Defendant, and the Defendant’s head of the house is minor to the extent that part of the Defendant’s head of the house was committed, and the fact that the Defendant reported the fire by himself, and there is no criminal history against the Defendant.