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(영문) 제주지방법원 2020.10.22 2020고합140

현존건조물방화미수

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 16, 2020, the Defendant: (a) around 02:14, at the hotel B hotel No. B hotel No. 02:14, sentenced the above guest room in mind; (b) attached the paper paper with the premium, put it on a small wave; (c) attached the container to the instant World Cup; (d) continued to put the paper into the container; and (e) attached the paper paper with the premium, attached the fire to the water in the toilet tank, put the fire to the bath, and went out of the guest room.

As above, the Defendant tried to fire a guest room by setting fire by setting fire to the fire, straw, and bath inside the guest room, but he listened to the sound of the fire alarmer operated due to the Mad Fire, and D et al. of hotel employees, etc. entering the guest room, leaving the guest room into the fire hydrant lake.

Accordingly, the defendant tried to prevent the existing building, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police station and each prosecutor's protocol of examination of the accused;

1. A copy of the on-site photograph; and

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. Reasons for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted punishment;

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. Determination of sentence shall be made as ordered in comprehensive consideration of the following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime is committed:

Unfavorable circumstances: Fire-fighting crimes may lead to serious harm to human life and property damage.

In fact, as accommodation facilities, 523 persons were accommodated in the 286 guest rooms at the time of committing the crime, and the time of committing the crime is new walls, so if the crime did not be extinguishing promptly or the guests did not evacuate, it was likely to lead to large accidents.

Nevertheless, the Defendant.