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(영문) 서울남부지방법원 2014.10.02 2014고합97

현주건조물방화미수

Text

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

except that 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

[Criminal Power] On January 7, 2014, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Central District Court, and the said judgment became final and conclusive on January 15, 2014.

【Criminal Facts】

On October 5, 2013, at around 04:35, the Defendant, while playing games at the FPC room of the E’s operation in Guro-gu Seoul Metropolitan Government, was faced with a disturbance, such as a defect of late E, and a loss of money.

After that, the Defendant demanded that E’s son-gu G in the above PC bank continue to go to go, and the Defendant stated that “I will go to go to the front door, whether I will go to go to the front door, or not. I want to go to go to the front door,” while she tried to extinguish the above PC bank in which G by putting a fire to the front door of the newspaper with a log in his possession, but she failed to go to go to the wind by sending off the unclaimed newspaper.”

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Statement to E by the police;

1. On-site photographs and photographs;

1. Video CDs;

1. Before judgment: Application of inquiry reports, investigation reports (verification of the transfer of address), investigation reports (verification of the fixed date of judgment) and statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. There is no sentencing criteria for the crimes of final decision, existing buildings and attempted fire prevention.

: Fire-prevention crimes with a suspended sentence of one year and six months are unlimited.