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(영문) 인천지방법원 2017.09.22 2017고합466

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 15, 2017, at around 23:00, the Defendant: (a) returned home at the Defendant’s residence in Yeonsu-gu Incheon Metropolitan City C Housing B02; (b) was demanded from the victim D, the owner of the house at midnight on the same day after the Defendant returned home; (c) was thought that the Defendant would have to throw off the house by putting the house into the house by putting him/her under his/her own clothes, such as gas bags; and (d) was tried to set off the house at the house, which is a multi-household household with 17 households, including the victim, etc., after putting the clothes, such house as the Defendant’s her bar, and she escaped on the gas shotle, and then she attempted to set the house at the house, which is a multi-household household with a total of 17 households, such as the victim, etc., but she was fluding gas, so that

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Written statements of D;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to record on the site photographs and identification photographs;

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 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for a period of nine months to seven years and six months;

2. The scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply because they are minor offenders.

3. According to the decision of sentence, a number of factors of sentencing as shown in the arguments in this case, such as the following circumstances and the defendant's age, sex, environment, family relation, motive, means and result of the crime, etc., shall be comprehensively considered, and the sentence shall be determined as ordered.

D. Unfavorable circumstances: The crime of this case is committed by the Defendant, in total, by a multi-household in which 17 households reside, and the crime of fire prevention against a building in which people live, is a serious crime that may cause serious damage to the life and property of an unqualified person.

e.beliable;