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(영문) 대구지방법원 의성지원 2014.06.10 2014고합5

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 March 16, 2014, at around 01:00, the Defendant, at around 01:0, committed an act within 308 Embur 308 operated by the Defendant, for committing suicide on the ground that it was difficult for the Defendant to live due to an increase in damages and losses, and transferred a fire to a sede lease by attaching fire to the sede, but the victim discovered the fire extinguishing machine.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (report details, field photographs, etc.);

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is a very dangerous crime that could have led to a significant damage if the victim did not immediately have been extinguishing immediately.

However, considering favorable circumstances, such as the fact that the defendant committed the crime of this case in order to commit suicide dynamicly after drinking, the fact that the defendant was committed the crime of this case, the fact that the defendant was immediately extinguishingd and was committed an attempted crime, the fact that the defendant was fully agreed with the victim, the fact that the defendant did not have any past record of qualification suspension or higher punishment, and the fact that the defendant did not have any past record of being punished for the suspension of qualification or higher, the sentence identical to the order shall be determined by comprehensively considering