beta
(영문) 서울남부지방법원 2019.03.15 2018고합515

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

The part of the facts charged was revised to the extent that it is not likely to actually disadvantage the defendant's defense right.

피고인은 2013년경부터 우울증을 앓아온 자로서, 2018. 10. 2. 13:20경 서울 구로구 B아파트, C호에 있는 피고인과 피고인의 부모가 동거하는 집에서 우울증으로 인하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서 혼자 자살할 것을 마음먹고 위 주거지 거실 창문을 망치로 깨고 계속하여 거실 창문에 불을 지르기 위해 창문에 식용유를 뿌리고 신문지에 가스레인지로 불을 붙여 창문을 향해 집어 던졌으나 위 불이 붙은 신문지가 창문 아래 거실 바닥으로 떨어져 그 곳 벽지 일부분을 그을리게 하고 불이 더 이상 옮겨 붙지 않아 피고인 스스로 위 신문지에 붙은 불을 껐다.

In this respect, the defendant tried to kill the defendant's family members living in the market and destroyed the house, but did not achieve that intention, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of statutes on field photographs, reports on the results of field identification, and field identification photographs;

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

1. Article 10(2) and Article 55(1)3 of the former Criminal Act (Amended by Act No. 15982, Dec. 18, 2018);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “instant crime”) is that the instant crime was committed by setting fire to the 15th floor dwelling space of the apartment in which the Defendant was living, and that there was a risk of considerable damage by setting fire to the 15th floor dwelling space of the apartment in which the Defendant was living, and that it is not easy to commit the instant crime.

However, the defendant is against his mistake.