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(영문) 대구지방법원 2020.10.07 2020고합344

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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2020: (a) around 12:25, the Defendant: (b) heard the horses from the Defendant’s father D (Nam, 65 years of age) to “to open a smell door and call,” and (c) attempted to burns the existing structures used as a residence for the victim’s and other family members by attaching a fire, which was laid into a garbage bag where a fluord cigarette but was fluent. However, the Defendant attempted to commit attempted to commit a crime by not moving the Defendant’s mother to the entire dwelling on the wind that discovered and extinguishing it.

As a result, the Defendant tried to set fire to and burns a building which a person uses as a residence or exists, but was attempted to do so with the wind to extinguishing it as above.

Summary of Evidence

1. On-site inspection report of the police statement of the defendant D's court statement;

1. Application of Acts and subordinate statutes to each on-site photograph, full certificate of registered matters, and each investigation report (the attachment of photographs taken by a scientific investigative staff, attachment of photographs submitted by a father D of the suspect, attachment of full certificate of registered matters to the site of the case, and the status of witness in this case);

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

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 consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Not applying the sentencing criteria: An attempted offender shall not be subject to the sentencing criteria.

3. Determination of sentence: 1 year and six months of imprisonment, and 2 year of suspended execution, the crime of this case was committed by the defendant, which had been proved by the defendant's her franchi and had been her franchising, but the franchising of her franchising and attempted.

Fire prevention crimes are general public.