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(영문) 대전지방법원 2018.12.07 2018고합174

현주건조물방화미수

Text

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

However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2018, around 04:30 on the Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant found no longer abandoned gate accumulated therein at the parking lot of the first floor, and knew that in the case of a maid maid, nine households, such as D, etc., with knowledge that the maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maid maids

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of on-site reports, field files reports, internal investigation reports, photographs, CCTV for crime prevention, photographs, and CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. The sentencing criteria shall not apply to an attempted offender who is not subject to the sentencing criteria.

3. The sentence shall be sentenced in the same manner as the sentence, taking into account all factors of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances before and after the commission of the crime, in the following circumstances:

Fire prevention is a serious crime that undermines public safety and peace, and is highly likely to cause serious damage to life and property of a large number of people.

The favorable circumstances: The crime was committed against the attempted crime, and the damage is relatively weak.

The owner of the building and the owner of the building shall be punished against the defendant.