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(영문) 청주지방법원 영동지원 2014.11.19 2014고합26

공익건조물방화미수등

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 of the final judgment.

Reasons

Punishment of the crime

The defendant, the mother of the defendant living in the same village, experienced conflicts with the residents due to the problem of the joint village road construction, etc., and raised complaints about the frequent dispute with the residents in the above community center, and he tried to keep the dispute in the community center that is no longer likely to be resolved by the dispute.

On July 17, 2014, at around 22:30, the Defendant: (a) placed gasoline 0.7 literss with drinking water and opened an entrance that was not corrected by locating in the area of a city in which it was located; and (b) went into the area of a city in which it was located and opened an entrance that was not corrected; and (c) placed gasoline with a string with a string and a string with a string with a string to the floor of the living room and a string with a string with a string with a string with a string with a string with a string with a string with a string with a string with a string with a string with a string with a string, but

Accordingly, the defendant invadedd the above community hall, which is a building used for the public interest, and tried to extinguish the fire, but failed to achieve that purpose.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records;

1. The application of Acts and subordinate statutes to photographs, estimates, general building ledgers, and written appraisal;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (influence to buildings, occupation of imprisonment, choice of imprisonment), Articles 174 and 165 of the Criminal Act concerning facts constituting an offense (the points of attempted crime of public-service buildings, and selection of limited imprisonment);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added to the imprisonment with prison labor which is determined for a building or an attempted crime of arson heavier than that of the above two crimes)

1. Articles 52 (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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. The sentencing under Article 62(1) of the Criminal Act is as follows.