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(영문) 대구지방법원 경주지원 2014.05.16 2013고합58

현주건조물방화미수

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

At around 13:00 on September 10, 2013, the Defendant told the victim D's house located in Si-si, Si-si, that "I will file an accusation against the victim's house if I am in public land, and if I am in house, I am in public land."

The defendant flicked the victim's house in the end of the above, and found the victim's house at around 23:40 on the same day.

The Defendant: (a) away the gasoline prepared in advance from the front of the entrance and the wall, and laid the plastic wall softener in a garbage tank; (b) laid the plastic wall in front of the entrance; and (c) laid it out on the front of the entrance; (d) however, the lower court did not have the intention to remove the gasoline any longer because the floor became a substitute stone and did not take it out on the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Results of the identification of fire-prevention appraisal;

1. Response to the request for appraisal;

1. Investigation reports (field photographs, etc.), investigation reports (related to attachment of video recording materials of CCTV at the criminal scene), application of Acts and subordinate statutes to photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for nine months from July to June;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of a type of punishment] general standards for fire prevention (the prevention of fire, such as current main buildings, public structures, etc.) - mitigated factors: Where actual damage is minor, where punishment is not paid or considerable damage is recovered (the determination of the recommended sphere] special mitigation sphere (the scope of recommendation range] 9 to 3 years; and

3. The criteria for the suspension of execution (the main reasons for the suspension) shall not be punishable if the actual damage is minor.