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(영문) 광주지방법원 목포지원 2016.05.19 2016고합13

현주건조물방화미수

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 October 15, 2015, the Defendant: (a) stated that the victim, who was negligent in his/her mother at his/her home at his/her home, who was the injured party of C Apartment 106 dong 705 dong 106 dong 705 dong 106 dong 106 dong 705 dong 51 dong 51, went back

On the ground that there was a question about the failure to hear one's demand, such as continuing to attend one's campaign, we thought that the above apartment house was put in place.

피고인은 안방 장롱 안에 있던 옷가지를 가져와 주방에 쌓아 두고 불을 붙이기 위해 라이터를 가지고 왔으나 위 D의 제지로 라이터를 빼앗겨 버리자 가스레인지 불을 켠 다음 가져온 옷가지 중 패딩 점퍼에 불을 붙이고, 옷 걸이에 파란색 점퍼를 감싼 뒤 손으로 옷걸이의 한쪽을 잡고 점퍼에 불을 붙여 피해 자가 주거로 사용하고 있는 피해자 소유의 아파트에 불을 붙여 소훼하려고 하였으나, 때마침 피해자의 112 신고를 받고 현장에 출동한 목포 경찰서 E 파출소 소속 F 경위가 잠겨 있는 위 아파트 출입문을 강제로 개방하고 피고인 손에 있던

Freshed clothes was attempted by cutting away them from the place of clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Part of the statement made by the police against D;

1. 112 Report details of case processing, and land in which rescue activities are to be conducted;

1. Application of statutes on the photograph of the case

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The summary of the claim is that the defendant puts a fire to the crowdfunding, but the defendant was frightening to the wife and attempted to extinguish the fire immediately, and the defendant intended to extinguish the fire to the apartment.