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(영문) 부산지방법원 서부지원 2019.02.14 2018고합277

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for one year.

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

At around 03:30 on November 8, 2018, the Defendant, at C’s house located in Busan Northern District, determined that C was unable to be forgotten with the YA and was able to understand that C had been faced with it, and attempted to extinguish C’s building used as a residence by attaching B with fire on the brea and clothes inside the house, but, on the other hand, the Defendant attempted to stop committing a crime of not having gas, thereby having committed an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes concerning photographs and telephone recording;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

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

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for sentencing) is an attempted crime of this case by setting aside the defendant's residential room and setting fire to the second floor of his living room, and there is a risk of causing serious damage to the lives and bodies of many people.

However, the defendant, who moved to a fluor, voluntarily suspended the crime by extinguishing the fluor, etc., and the defendant did not have a significant damage due to the crime.

There is a dispute with the victim.

I seem to have reached the crime of this case as contingent, and have agreed to compensate the victim for the damages.

There is no record of punishment beyond the same crime or fine.

Considering these favorable circumstances, the text is based on the following factors: Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the instant crime, and all of the sentencing conditions indicated in the arguments and records, including the circumstances after the crime.