beta
(영문) 인천지방법원 2015.08.12 2015고합323

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized line shall be confiscated (No. 4).

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of imprisonment and three years of suspended execution for general goods and fire prevention in the Incheon District Court on August 16, 2012, and the said judgment became final and conclusive on August 24, 2012, and is currently under suspended execution.

【Criminal Facts】

On May 26, 2015, at around 13:40, the Defendant: (a) opened a cosmetic of the building in which the cosmetic was located and moved back to the lower part of the building; (b) attempted to attach a string to the rubber string of LPG gas pipes located in the building; (c) however, the Defendant attempted to spread to the entirety of the building in the string of the string of the string of the string building by witnessing that the F of the victim, who resides in the string building, can make the string of the string of the string building so that the string of the string building can make the string of the string in gas and extinguishing the fire.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each protocol of seizure and each list of seizure;

1. On-site reports on results of field identification;

1. Application of each on-site photograph, evidence, and Acts and subordinate statutes;

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. Sentencing is not applicable to an attempted crime for sentencing under Article 48(1)1 of the Criminal Act, since it is an attempted crime.

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

2. Determination of sentence: One year and six months of imprisonment with prison labor has a record of being subject to criminal punishment several times for violent crimes, and the defendant again committed the crime of this case without being aware of it during the period of suspension of execution, despite the past that he/she was subject to criminal punishment for the crime of destroying general goods of the same kind in 2012.

Since the building in which the crime of this case was committed is used as a commercial building and multi-household, if the fire was not prevented from time, damage to human life and property could occur.

Defendant.