beta
(영문) 광주지방법원 순천지원 2020.05.14 2020고합31

현주건조물방화미수

Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants are undergraduate students in the department E of D University in Gwangju-si.

On September 19, 2019, the Defendants shown that the Defendant Company A was unable to give a dog to the G E and the lecture room located on the third floor of the pertinent university FF building, after completing night-time learning for the H test, and that Defendant B was unable to give a dog to B while returning home. Defendant A sent a dog to B. Defendant A with a view to setting a net to B, and Defendant A knew that in the event of a fire to the garbage pipe located in the said building’s corridor, Defendant A knew of the circumstances where the fire can spread to the entire building.

Defendant

B, according to the above mother, he reported the network in front of the stairs located at the center of the corridor of the third floor of the above building, and the defendant A caused wastes contained in the color plastic garbage tank located in the front corridor of the 3th floor of the above building.

The Defendants continued to get up to the second floor through the above stairs, and the Defendant A had the waste contained in the yellow waste tank located in the second floor of the stairs, set up a cover, and Defendant B put the waste into the waste tank that is flading out by putting the waste away from the root.

As a result, the Defendants conspired to fire the above building in which many students were staying, but the students J, who discovered each of the above fire, did not extinguish it by using a fire extinguisher and did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation (Attachment to CCTV images inside and outside the F);

1. Application of statutes on site identification reports and records of on-site photographs of fire accidents;

1. Articles 174, 164 (1), and 30 of the Criminal Act concerning 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. The grounds for sentencing under Article 62(1) of the Criminal Code for suspended execution are as follows.