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(영문) 대구지방법원 포항지원 2015.08.24 2015고합70

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the mother of C.

On June 11, 2015, the Defendant: (a) around 17:03, on the ground that the Defendant, at the residence of the Defendant 204-dong 804-dong, North-gu, Northern apartment house 204-dong 804, was air conditioned air conditioned, and (b) destroyed the Defendant’s shocking force of the living room, and tried to extinguish it into the Defendant’s attempted fire by setting fire on the part of the embankment C, which was foiled from the fire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the result of a fire-prevention field identification;

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

1. Statutory mitigation under Articles 26 and 55 (1) 3 of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Sentencing Criteria: The sentencing criteria shall not apply to an attempted offender; and

3. Determination of sentence shall be made like the order, taking into consideration the following factors: (a) the accused who made the decision of sentence led to the confession of the fact of the crime and reflects his mistake; (b) the accused committed the crime of this case by contingency; (c) the accused voluntarily promoted immediately after the crime was committed; (d) the Defendant’s health conditions are not good due to cancer, etc.; and (e) the Defendant