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(영문) 서울동부지방법원 2017.12.08 2017고합327

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2017, at around 15:45, the Defendant, at his own residence of Gangdong-gu Seoul Metropolitan Government Dazine 1, and at around 10, the Defendant, despite being suffering water from the ceiling, was in possession of the house owner with the mind that the house owner’s resistance to the real estate did not properly repair it, and that the house owner did not resist the real estate.

The fire was put to a fluor in a fluor by attaching a fire to a one-time stop, but a fluor was fluorted by reporting a fire.

Accordingly, the defendant tried to commit an attempted crime by putting the main structure used by his wife as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. 112 Reporting case handling table;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Statutory mitigation under Articles 26 and 55 (1) 3 (Attempted Suspension) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for nine months to seven years;

2. Non-application of the sentencing criteria because the scope of the recommended punishment is minor.

3. Determination of sentence: Imprisonment with prison labor for ten months and suspended execution for two years and fire prevention crimes are highly likely to cause danger to the public safety and peace, and the responsibility of the accused shall not be mitigated.

However, the same sentence as the order shall be determined in consideration of various sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., as well as various sentencing conditions shown in the arguments of the instant case, in light of the following: (a) the Defendant’s failure to pay contingent attention; (b) the Defendant’s damage to the instant crime is very minor; (c) the Defendant is currently repented in depth and there is no criminal record exceeding