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(영문) 의정부지방법원 2015.11.19 2015고합220

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 11, 2015, the Defendant: (a) around 07:00, at the room of the Defendant, C Apartment 101, 301, 101, and 301, the Defendant divided the Defendant’s parents on the ground that the Defendant’s parents went away from a usual gambling, and moved a fire to the bottom of the room by attaching a fire to a flood divers (No. 1), but the Defendant laid down the water put up by the Defendant.

Accordingly, the defendant tried to extinguish the above apartment house used by the defendant's parents as a residence by setting fire, but did not bring about such intention and did not commit an attempted crime.

2. At around 09:20 on the same day, the Defendant continued to change his clothes with a fire into the west by placing them in the west, but the Defendant’s mother flapsed water.

Accordingly, the defendant tried to extinguish the above apartment house used by the defendant's parents as a residence by setting fire, but did not bring about such intention and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of the existing Acts and subordinate statutes of one seized Rater (No. 1);

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning facts constituting an offense (the fact that each present building, structure or attempted crime, and choice of limited imprisonment);

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed for the crime of attempted death of a suspender building at around 09:20, heavier punishment);

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case with the reason for sentencing under Article 48(1)1 of the Criminal Act is committed by the Defendant, along with his parents, within the room of the apartment that the Defendant uses as a residence, and attempted crimes.