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(영문) 광주지방법원 2020.02.07 2019고합443

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:20 on July 4, 2019, the Defendant: (a) visited the hospital’s hospital affiliated with C University Hospital affiliated with Gwangju, for the purpose of his own’s medical examination; (b) obstructed by the persons related to the hospital in charge of the hospital; (c) obstructed the disturbance by the persons related to the hospital in charge of the hospital; and (d) took measures for isolation in the first floor of the hospital; and (c) the Defendant, at around 19:40, attempted to extinguish the above hospital by putting the mobile brue b that he had enjoyed and its brus by using a portable bter, which he had been in possession of the 19:40 prus, but at the time of hearing the sound, the employees of the hospital, who discovered the situation, failed to realize the intention by extinguishing the brus equipped with it.

As a result, the Defendant tried to extinguish the existing hospital building with the medical professionals and employees working at the above hospital and the patients visiting the above hospital for medical treatment, but attempted to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement D and E (Nos. 2 and 3 of the evidence list);

1. CCTV image data CD (No. 8 No. 1)

1. Application of field photographs, fire site photographs, and statutes;

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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations on the sentencing criteria: An attempted crime, so the sentencing criteria shall not apply.

3. The Defendant, who was sentenced to the sentence, was at C University Hospital at the emergency room by the persons related to the hospital, and was in contact with the consultation room in the emergency room. The place of the instant crime is large when a large number of patients and doctors live in the emergency room.