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(영문) 수원지방법원 안산지원 2016.02.05 2015고합307

현주건조물방화미수

Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, when she was feld with D (Inn, 44 years old) and was feld with D, was placed at D’s house located in Ansan-si E on October 8, 2015, and was feld with him/her, was fluordd with him/her, was fluord with his/her answer, and was fluord with him/her at a newspaper site, was fluord with his/her answer, and was fluord with him/her into the newspaper site through the well-fluor at the bottom of the current newspaper site. However, the Defendant attempted to put the newspaper site into the house of the victim.

F has not achieved that the wind has not been achieved by extinguishing the fire of a newspaper by floating water.

Accordingly, the defendant tried to fire a structure used as a residence by setting fire to and burns the structure used by people.

There was an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made to D or F;

3. Police seizure records;

4. Copy of each request for appraisal;

5. Application of each statute of photograph;

1. Relevant Articles 174 and 164 (1) of the Criminal Act concerning the facts constituting an offense (opportune imprisonment with labor);

2. Article 25 (2) and Article 55 (1) 3 (unauthorized Crime) of the Criminal Act mitigated by law;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Protection observation order under Article 62-2 of the Criminal Act.

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The sentencing criteria shall not apply to this case, which is not yet applicable, because it falls under the sentence sentence.

This case, during the first night of Korea, the defendant was a person of his own interest

D At the bottom of the entrance, it was hard to fluorize the victim's house by inserting the newspaper with a fire upon finding it at the house into the well-fluorial inputs at the bottom of the entrance.

F is the wind that the F immediately takes a extinguishing measure, and the nature of the crime and the circumstances are not very good.

D's house is one household of multi-family housing, and it seems that the house is likely to cause a large damage by not only the house of women but also the other households of neighbors.

In light of these points, the responsibility of the defendant cannot be considered to be somewhat weak.

However, the defendant is in a state of drinking.