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(영문) 수원지방법원 여주지원 2014.08.14 2014고합29

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

The Defendant listened to the horses that he had been accommodated in a female-friendly room near the bus terminal with another male in addition to the former female-friendly room, and did not find easily while finding out the former female-friendly room. As such, the Defendant thought that the Defendant could find a female-friendly room if he was able to find out the said terminal, and that he was able to find out a female-friendly room if the guests going to the above terminal and evacuate from the outside of the mother.

At around 01:33 on January 19, 2014, the Defendant: (a) attached a stringer, which was in possession of a waste bag in front of the victim D, which is operated by the Defendant, and (b) attempted to put the waste bag into inside the given telecom parking lot where the vehicle is parked by generating the waste bag, and (c) intended to move the string of the string length and 70 passengers to the said telecom to the said telecom where the victim and the customer are accommodated; (d) however, the Defendant attempted to turn the victim in contact with the witness to the said telecom.

Thus, the defendant was trying to fire a building in which people exist by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Results of this Court’s verification of CCTV video CDs;

1. Application of Acts and subordinate statutes to a report on internal investigation (CCTV perusal), report on internal investigation (satising photographs at the case site), and investigation report (satisf telephone listening statement);

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing guidelines shall not apply to the crime of attempted sentencing under Article 62-2 of the Criminal Act of probation and community service order.

The instant crime leads to a significant damage, if the Defendant did not immediately extinguish into the society, where many people live in the process of finding a woman-friendly room.