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(영문) 대구지방법원 포항지원 2016.10.10 2016고합54

현존건조물방화미수

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is living together with the defendant for a period of three years.

Around May 2, 2016, the victim C, who was in preparation for opening his/her business, re-exploited into the “Esing club” located in the Northern-gu, Northern-si, where he/she was in preparation for opening his/her business, and had the victim talked about the Defendant’s friendship in the said singing club on and after May 2, 2016.

On May 5, 2016, the Defendant: (a) found the instant singing club opening business day on May 5, 2016, 01: (b) 13:30 on the same day and 13:30 on the same day and 13:30 on the same day, the Defendant: (c) found the victim who was unable to do so; (d) had the mixed alcoholic beverage drinking; and (e) had the victim receive a check at around 13:30 on the same day; and (e) attached a signal carried in a newspaper held in the main line at that place with the dog carried in the table; and (e) did not have the intent to extinguish the instant singing club by putting it to the small wave, and the victim did not have the wind to extinguish by taking the fire.

Accordingly, the defendant tried to fire a building in which people exist and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Sentencing criteria: The sentencing criteria shall not apply to the crimes of attempted crimes; and

3.The sentence of a fire-fighting crime is a crime detrimental to public safety and peace and resulting in serious danger and injury to the lives and property of many citizens.