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(영문) 청주지방법원 2013.07.26 2012고합178

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

피고인은 2012. 5. 17. 16:40경 청주시 흥덕구 C에 있는 D 포교원에서, D 포교 활동과 관련하여 자신의 선각인 E를 만나고자 하였으나 E와 연락이 되지 않고 만날 수 없자 화가 나, 위 포교원 3층 기도장에 있는 옷장안의 옷가지에 일회용 라이터로 불을 붙이고 옷장 문을 닫아 옷장 안쪽으로 불이 번지게 하였으나, 갑자기 다른 사람들에게 피해를 주게 될 것이 걱정되어 주방에서 받아 온 물을 위 옷장 안에 부어 불을 껐다.

Accordingly, the defendant was attempted to commit the attempted crime by setting fire to and by setting off the credit limit used as a residence, and by voluntarily suspending it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to fire site photographs;

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. 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. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Code is not that the crime of this case in that the defendant committed the crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Code, in that it was impossible for the defendant to take up the D Line E from the D Line teacher, and that the defendant entered the above D Line teacher and could lead to a serious accident that could lead to a fire to another person's residence by attaching a fire to the clothes used by

However, the defendant committed an contingent crime while under the influence of alcohol and suspended him/her from committing the crime, and even if he/she did not cause any harm to human life due to the crime of the above fire, property damage is relatively insignificant to the extent of 500,000 won, such as clothes and clothes, and there is a special civil or criminal objection from the owner of the building of the relevant teacher.