beta
(영문) 창원지방법원 밀양지원 2018.09.21 2018고합28

공용건조물방화미수

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

On March 17, 2018, the Defendant, at around 23:50 on the ground that the female was not subject to telephone, called to the E working in the D high school located in Syang-si C, confirmed that there is no person working in the above school, and later, the Defendant went to the above school by using the taxi with the distribution of 2.3 liter plastic plastic in which the Defendant was living in custody.

On March 17, 2018, the Defendant, at the entrance entrance entrance of D High School on March 23:55, 2018, tried to fluorize the livered oil on the floor, and put it into fire in possession, but did not put it well, there was a head of a fluor at the bend of D High School.

In order to set fire to the entrance of the entrance where a fire has been spread, the fire was destroyed by the fire of the public building in the above school building, but the fire was extinguishing by the police officer dispatched, and the intention was not achieved.

Summary of Evidence

1. Application of the police statement processing protocol 112 on the Defendant’s legal statement F to the Defendant’s statement at the scene of the crime, CCTV photographs, log photographs, text messages of the D High School CCTV, photo of the suspect’s cell phone images, cell phone telephone records, and video records of the suspect’s cell phone telephone records, and the Acts and subordinate statutes governing the CCTV of the mobile line;

1. Relevant Article of the Criminal Act and Articles 174 and 165 of the Criminal Act concerning the selection of criminal facts;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommended punishment according to the sentencing criteria: An attempted crime, which requires not to apply the sentencing criteria.

3. Circumstances unfavorable to the decision of sentence: The crime of this case shall be committed at night at school where the defendant is a public building;