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(영문) 부산지방법원 2014.12.24 2014고합703

현주건조물방화미수

Text

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

On October 10, 2014, the Defendant: (a) around 04:35 on October 10, 2014, the ebudio 501, where the Defendant and the victim D were living in Busan, the Defendant, who was under the influence of alcohol, had the victim voluntarily changed the password of the above 501, and had the victim talked that he would leave the studio from the victim because he did not properly go.

Around that time, the Defendant had been placed with the clothes and shoess of the Defendant to leave the above 501, and the victim 501 before the front of the entrance 501, sent a string to see the string of the front of the entrance in order to prevent the entry of the Defendant, with the string of the front of the entrance 501, with the string of the front of the entrance 501, equipped with the clothes and shoes of the Defendant with the string of the studio, the stairs, and the 501 suspend the string of the studio, and had the string of the 1,40,000 won of the studio, which was fired by the fire officer called upon 119, and led to a part of the corridor, stairs, and the string of the studio.

As a result, the defendant tried to extinguish the above room 501, which is used as a residence, but failed to achieve that purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to an investigation report (investigation into attachment of estimates for damage), an investigation report (report on telephone statement hearing with victim D), and an investigation report (report on the reception of statements by a fire fighter at the site), and an investigation report;

1. Article 174 and Article 164 (1) of the Criminal Act applicable to the crimes;

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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than one year and six months;