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(영문) 대구지방법원 서부지원 2013.05.23 2013고합45

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for one year.

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

On August 20, 2012, the Defendant: (a) around 02:00 and around 02:00, at C’s house located in Daegu Jung-gu Down-gu 203, the Defendant: (b) discovered the place where he did not contact with C, and (c) was refused to do so by putting the first race in the door, leaving the door in the door; (c) but (d) caused C’s refusal to do so; and (d) caused C to put the mail on the said house, which he had had his own mind to put in with his children, carried the mail on the said place by using a one-time watch with his children; and (d) carried the mail on the said place through an open toilet window. However, the Defendant attempted to put it out by failing to break up on the house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (as to statements, etc. of suspects and victims)

1. Application of Acts and subordinate statutes to reports on the occurrence of a suspected case, such as the place of criminal, the current building and fire, and voluntary movement;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., the crime of the present owner and the attempted fire-prevention of the present owner of a building used by a person as a residence are highly likely to cause serious harm to human life and property. As such, the crime of the present owner of a building used by a person as a residence is highly likely to cause serious harm to human life and property. Therefore

However, the fact that the defendant is divided into and against his mistake, and the defendant commits the crime of this case in a somewhat contingent and contingent manner, the crime of this case was committed in the attempted crime, and there was no human life damage and property damage are relatively little.