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(영문) 대구지방법원 의성지원 2015.12.01 2015고합13

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendants are children of victims C(72 years of age).

1. Around 20:20 on June 1, 2015, the Defendant who attempted to commit fire to the present state building and fire was sprinked in the victim C’s residence located in Seongbuk-gun, Seongbuk-gun, and was sprinked with the victim and the end of the dispute with the victim, thereby spreading the transit to the floor, putting the light into the living room, putting the light on the floor, putting him away from a string to a string, and tried to extinguish it into the floor, but the Defendant attempted to have the string of the frame with which the victim was fired.

2. The Defendant causing property damage, at the date, time, and place indicated in paragraph 1., destroyed the entrance door so that the entrance door can be removed by taking the knife of the entrance door, and damaged the door door so that the market is not repaired at the market, and damaged the windows installed in the living room and room of the market by booming flue (87 m in length) with the brue brue (87 m in length) in the

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement made by C of a witness in the second protocol of trial;

1. Statement by the police about C (second time);

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the occupation of attempted crime against the present main building and attempted crime, the choice of limited imprisonment), and Article 366 of the Criminal Act (the occupation of destroying and damaging property and the choice of imprisonment);

1. With respect to the current owner of a building, the structure of which is legally mitigated, or an attempted crime of arson: Articles 25 (2), 52 (1), and 55 (1) 3 of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (i.e., the victim's failure to punish the defendant)

1. As to the crime of attempted fire-prevention, the Defendant tried to spread waste oil, which is not attached with a plucker to the bucker, by giving bucker the bucker with a bucker, thereby spreading it inside the house, and extinguish it to the victim by attaching a fire to the bucker, and extinguishing it into the house.