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(영문) 인천지방법원 2015.04.23 2014고합883

현주건조물방화미수

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

The defendant is a person who resides in D 310 in Bupyeong-gu Incheon, Incheon, and the non-indicted E is a person who resides in the accommodation of the "H church" operated by G from the Bupyeong-gu, Incheon.

On September 24, 2014, the defendant, who was a branch of the A.M., found that E was disturbed after using the defendant's inns and in order to resist and resist it, he sought to the above church around 17:30 on the same day.

The Defendant knew that the above church would be destroyed by a fire of the above church E, which he uses as a residence, was put to a fluor with a dog for a single-use with which he had been in his possession, but did not commit an attempted crime by immediately extinguishing the church in a way that covers the fluence of the fluor by using the fluor.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as field photographs (number 4,7);

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

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 extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing in sentencing under Article 48(1)1 of the Criminal Act is that the Defendant, who was in a church accommodation, destroyed a building and attempted to commit an attempted crime. This is a highly dangerous crime that may cause serious harm to the life and property of another person.

Therefore, there is a need for strict punishment corresponding to the defendant's liability.

However, the defendant acknowledges and reflects his mistake.

The Defendant attached a fire to this bit and slicked the fire on his own by way of covering the fire before the fire spread.

The defendant voluntarily ceases to commit the crime.