현존건조물방화미수
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
On February 16, 2016, at around 11:29, the Defendant tried to extinguish a fire by attaching a fire to the waste wing paper in his possession, using a disposable strawter for the reason that the victims in Gangdong-gu Seoul Metropolitan City C and 1’s ‘E restaurant’ type of public toilets operated by the Defendant, on the ground that he disregards and radsates himself. However, the Defendant failed to commit an attempted crime, even though the victim, who opened a string to the string of the string, discovered the string and spread water before being transferred to the toilet, did not lead to the wind of discovering the string and extinguishing water.
Thus, the defendant tried to fire a building in which people exist, but did not commit an attempted crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of field photographs and CCTV-related Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the following favorable circumstances required for sentencing)
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;
1. The sentencing criteria for fire-fighting crimes do not apply to the crime of this case, since the crime of this case is a single crime.
2. Circumstances unfavorable to the determination of sentence: The instant crime is a crime committed in a manner that causes severe damage to the lives, bodies, and property of an unspecified number of people, as it is likely that the victims, who entered the toilet to be destroyed by setting fire on the toilet paper of a building for commercial buildings in which people exist, are found and dusted therefrom, and such crime is committed in an attempted crime.
Prior to the instant case, the Defendant had been subject to the disposition of suspending indictment by putting the same kind of fire-fighting crime against him.
A favorable condition: The defendant shall be voluntarily closed.