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(영문) 대구지방법원 서부지원 2020.05.07 2019고합247

일반자동차방화미수등

Text

A defendant shall be punished by imprisonment for one year.

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 Defendant up to the flring of a set of a set of a set of a set of 3 years old operated by the Victim B (B), and is between the victim and the victim.

1. A general motor vehicle fire prevention attempted: (a) the Defendant lent money to the victim; (b) the victim, who did not pay interest; (c) had the victim not paid interest; (d) had the crain car, which is the victim’s possession; and (e) had the crain on August 15, 2019, loaded gasoline in the plant in the plant of the Defendant’s home and moved to the Eda where the cra in the plant of the Defendant, which was located at the Defendant’s home, loaded the gasoline on the string electric bicycle; and (e) had the gasoline prepared in advance at 23:40 on the same day, parked in the plant of the same day with the plant of the plant of the plant of the Republic of Korea, with the plant of the plant of the Republic of Korea and the plant of the Republic of Korea. However, it was attempted

2. On August 15, 2019, the Defendant: (a) around 23:40 on August 15, 2019, destroyed a special object; (b) did not attach the victim’s car to the passenger car as above; and (c) took a brick, which is a dangerous object at the same time, and damaged the said car to the extent of KRW 98,00 for repairing the car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 8, 20)

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 174, 166 (1) of the Criminal Act (the point of attempted ordinary vehicle fire prevention), Articles 369 (1) and 366 of the Criminal Act (the point of causing damage to special property, and the choice of imprisonment);

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act (as to general crimes of attempted fire-prevention of automobiles),

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of both crimes] among concurrent crimes, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing), which are favorable to the defendant;

1. Scope of punishment by law: One year to twenty years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Ordinary car and fire prevention: an attempted crime.