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(영문) 의정부지방법원 2016.04.20 2015고합456

현주건조물방화미수

Text

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

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

Reasons

Punishment of the crime

On September 15, 2015, the Defendant: (a) around 06:00, at the 602 heading room operated by the victim D, the Defendant: (b) committed an attempted crime, not by gathering a warning of a fire alarm; (c) at the 602 heading room operated by the Defendant, for the purpose of committing suicide by influening with male and female ties; and (d) having a string with a string equipped with the string room; and (c) having the victim and guests move the string with the string floor, bed, bed by a remote area, etc.; and (d) attempted to extinguish the string, which is the existing structure where the victim and guests are located; (d) however, the Defendant did not commit an attempted crime, even though hearing the warning of a fire alarm, and did not commit it with the wind that

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs, reports on the results of field identification, seizure records (voluntary submission), and investigation reports (Submission of written estimates of victims);

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the same Act concerning criminal facts; the choice of imprisonment with prison labor for a limited term;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing conditions are considered in light of the conditions of sentencing under Article 51 of the Criminal Act, as stated in the following sentencing):

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. As an attempted crime, the sentencing guidelines of the Supreme Court does not apply. 3. In light of the fact that the place where the instant crime was committed on the six-story scale is an accommodation facility, which would cause enormous damage to the property, if the crime was moved to a building at the time of the crime, there is a need for strict punishment of the Defendant.

However, the fact that the defendant recognized the crime of this case from the investigative agency and is in violation of depth, that the crime of this case was committed in violation of attempted crime, that property damage caused by the crime is not significant, that there is no human life damage, that the victim does not want the punishment against the defendant, and that the defendant is the first offender who has no criminal record.