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(영문) 울산지방법원 2014.10.10 2014고합232

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

1. On June 27, 2014, the Defendant attempted to extinguish the building in question residing in the victim and his/her family members, etc. using the toilet and a one-time newspaper that had been equipped with the newspaper site in the 301st century and attempted to extinguish the building in question, but the Defendant did not have attempted to spread the building in question with the victim and his/her family members, etc. on June 27, 2014, on the ground that the victim’s complaint was raised to the victim due to the refund of deposit under the lease deposit under Article 301 of the 301 of the Dosan-si building owned by the victim D, which was located in Yangsan-si, and that he/she did not have attempted to spread the building by spreading water to the victim.

2. On July 26, 2014, the Defendant attempted to store newspapers, etc. on July 26, 2014, on the ground that the victim filed a lawsuit to the effect that he/she should deliver the said 301 to the Defendant at the places indicated in the preceding paragraph, around July 26, 2014, at around 03:15, the Defendant attempted to store the said 301 toilet, and store the said building with a fire by means of a one-time tool, but the victim and his/her family members, etc. were residing in the said building. However, upon receiving a report from neighboring residents and police officers, the Defendant failed to commit an attempted crime without having the intent to extinguish by fire fighters dispatched

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each police statement concerning D;

1. A written statement of F and G;

1. A detailed statement on handling 112 reported cases;

1. Investigation report (whether other residents reside therein);

1. The application of 22 copies of on-site photographs and on-site confirmation photographs to the statutes;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning facts constituting an offense (the occupation of attempted crime of current main building and the selection of limited imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Orders for probation and education;