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(영문) 춘천지방법원 강릉지원 2014.02.13 2013고합113

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 21, 2013, the Defendant violated the Road Traffic Act (driving a sound driving) driven a Clater in the section of about 1 km from the street in front of the “Flateral Plater,” which is in Flateral Zone D at the time of the East Sea, while under the influence of alcohol by 0.061% of the blood alcohol concentration on November 21, 2013 to the street above the “E driving range.”

2. On November 21, 2013, the Defendant attempted to commit fire to the present state building and fire, and found the same in the “E golf driving range” located in D in the East Sea where F is working on November 21, 2013.

Although F was found to have a defect in conversation with F, F et al. tried to extinguish the existing structure of gasoline on the floor by putting it ater into the spath and cremation site on the ground that it was rejected, but she was attempted to commit a crime by spawding her behavior and stopping by itself.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Photographs;

1. Police seizure records;

1. A report on detection of a host driver;

1. Application of the Act and subordinate statutes to investigation reports (application of AFE mark);

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act that apply to criminal facts, the choice of punishment (the point of attempted crime, the choice of limited imprisonment), and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Statutory mitigation under Articles 26 and 55 (1) 3 of the Criminal Act (with respect to such crimes as attempted suspension or attempted suspension of business, the current owner’s structure and attempted crime of arson);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. 보호관찰 및 사회봉사명령 형법 제62조� 제1항, 제2항, 보호관찰 등에 관한 법률 제59조

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is driven under the influence of alcohol by the defendant on the ground that the defendant-friendly job offers F, who refused to communicate with him, the above F.