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(영문) 대구지방법원 2018.05.16 2018고합120

현존건조물방화미수

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 7, 2007, the Defendant received mental treatment due to the division disorder, etc. from around 7, 2007, and caused symptoms to the symptoms, and suspended the treatment from March 30, 2016, but has recently been suffering from mental stress due to the infertility, living conditions, etc. with the husband.

On February 1, 2018, at around 08:30, the defendant: D 107-dong 304, which is the defendant's residence in Daegu Northern-gu C, and turned down on the first floor above the ground by using the elevator with d 107-dong 304, which is the defendant's residence, and d 107-dong 304, with d 107-dong 107 and 107-dong 10-dong 100, and 119 members of the apartment management office dispatched after receiving a report from the head of the apartment management office, who failed to attach the d d 119-dong d d d d d e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e.

Accordingly, the defendant tried to set fire to and fire the above 107 Dong residents and to use it as a residence, but attempted to commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on internal investigation (Attachment of a report on the results of field photographs and field identification, CCTV confirmation of elevator CCTV, diagnosis form, and written opinion);

1. Application of Acts and subordinate statutes to investigation reports (verification of the progress of the suspect's husband);

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Code of the Suspension of Execution (The following consideration has been made for the reasons for sentencing).