beta
(영문) 청주지방법원 2014.05.15 2014고합21

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On February 10, 2011, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Injury) at the Cheongju District Court on February 10, 201, and completed the execution of the sentence on May 22, 2012.

【Criminal Facts】

At around December 5, 2013, the Defendant, while under the influence of alcohol, had the ability to discern things or make decisions, had the victim D, who was in Jincheon-gun C, used alcohol as a residence. On December 5, 2013, in the “Ecafeteria” building used as a residence by the victim D, who did drinking together with the Defendant, refused the Defendant’s proposal, and used the alcohol as soon as he returned home with the Defendant’s proposal, and used it as a cafeteria building.

The defendant attached fire to the cremation which was in possession of the above restaurant building and moved it to the cafeteria floor board.

As a result, the Defendant attempted to prevent a building used by a person as a residence, but the fire was frighted to the said fire, and the Defendant did not commit an attempted crime, but did not commit a crime in order to extinguish only the part on the market.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement of D police statement;

1. Racker photographs, reported letters, text transmission photographs, investigation reports (in the event of making a report, accompanied by a recordingc paper), list of 112 reported cases, investigation reports, investigation reports, and investigation reports (in the event of a report, hearing statements by police officers present at the scene of the case);

1. Before judgment: Application of references to criminal records, references to criminal records, and investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 174 and 164 (1) of the Criminal Act ( point of attempted fire-prevention of the present building), and choice of limited imprisonment for a definite term of punishment concerning the crime;

1. Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders [the crime of violation of the Punishment of Violences, etc. Act, the execution of which was completed on May 22, 2012]

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental disorders;

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