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(영문) 서울북부지방법원 2016.11.25 2016고합430

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 26, 2016, at around 22:34, the Defendant, at the dwelling space of the Defendant, Dobong-gu Seoul Metropolitan Government Dalla 401, brought about a dispute with the wife D and late home at the dwelling space of the Defendant, with the intention to pay the above Dolle.

Accordingly, the Defendant failed to take the oil tank in his room room by walking the oil tank in his room room, which had been in his room flown into the floor of the living room on two occasions, by breaking the brush which was opened, and then cutting off the brush by lowering the suspension that was laid on the floor of the living room. However, the Defendant failed to complete the attempt by making the 20cc width of the living room on the wind, where the fire attached to the stop naturally flows out, with approximately 20cc width of the living room.

Therefore, the defendant, including his family, destroyed the above Carryover used by 13 households as a residence and tried to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement of investigation report (to loan the number of households and the number of residents in suspect's residence);

1. Application of statutes on images of on-site photographs;

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

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended sentencing criteria is an attempted crime, and the sentencing criteria do not apply. 3. The Defendant, who was determined to have been sentenced, was in the same way residing together with the wife of the married couple fighting.

The current state building and fire-prevention is a crime that is highly likely to be criticized due to a dangerous act that may cause serious damage to human life or property by brushing the entire apartment house.

In addition, the defendant is highly inflammable.