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(영문) 춘천지방법원 영월지원 2014.12.18 2014고합49

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

Around 15:05 on September 27, 2014, the Defendant: (a) at the house where C was living together with the Defendant and the Defendant’s spouse, and (b) around May 2014, the Defendant continued to transplant D with a kidy and continued to do so; (c) however, D was boomed and informed of the dissatisfaction; (d) was put to a brupt of a tree located in the house, stating that “the same dead person” was put to a brupt of a tree located in the house, but D was not able to extinguish fire by means of aground, and was not able to achieve that purpose, and was attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Filing reports and the application of the Acts and subordinate statutes governing investigation reports;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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 crime of this case’s reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) is not that of the crime of this case, in light of the following facts: (a) the Defendant and his spouse use the victim’s residence as a residence; and (b) the Defendant committed an attempted crime; and (c) the risk of causing serious damage to the life, body, and property of another person.

However, the defendant committed the crime of this case contingently, the defendant led to the confession of the crime of this case and reflects his mistake, the defendant's family members, including the victim who is the spouse of the defendant, complaining of the defendant without wanting to punish the defendant, the crime of this case was committed in the attempted crime of this case because it was not spread, there was no loss of human life and property damage, and there is no record of criminal punishment above the same criminal record and suspended execution.