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(영문) 수원지방법원 2019.09.20 2019고합323

현주건조물방화미수등

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 46 years of age) and the defendant's legal divorce before about 22 years of age.

1. 현주건조물방화미수 피고인은 2019. 6. 28. 02:00경 수원시 팔달구 C에 있는 피해자의 주거지 현관문에 이르러, 피해자와 피해자의 자녀들이 자신의 연락을 받지 않는다는 이유로 화가 나 피해자의 주거지 현관 출입문 도어락에 소지하고 있던 라이터로 불을 붙였으나, 플라스틱 재질의 위 도어락이 불에 타 연기가 많이 나자 이에 겁을 먹고 스스로 불을 껐다.

Accordingly, the defendant tried to kill the victim's building used as a residence by setting fire, but he did not commit an attempted crime.

2. On June 29, 2019, at around 16:55, the Defendant: (a) carried the victim of the D Building in front of the D Building in Suwon-gu, Suwon-si, the Defendant: (b) was pushing ahead of the victim of the C Building, with the victim “scopic scopic scopic scopic scopic scopic scopic scopic”; and (c) in advance, with the dangerous articles in possession (10cm in length, 10cm in khopic scopic scopic scopic sc

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, E, and F;

1. G statements;

1. Application of Acts and subordinate statutes governing the site, seized objects photographs, CCTV images-fashion photographs and field photographs at the victim's residence;

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act that apply to the crime and the choice of punishment (the points of attempted fire-fighting, the choice of limited imprisonment), Articles 284 and 283 (1) of the Criminal Act (the occupation of special intimidation and the choice of imprisonment);

1. Articles 26 and 55 (1) 3 of the Criminal Act to be mitigated legally (with respect to an attempted suspension or a temporary owner of a building, or an attempted crime of fire prevention);

1. From among concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes to the punishment determined for the principal building, the building with heavy penalty) shall be deemed as concurrent crimes;