beta
(영문) 수원지방법원 2018.07.20 2018고합259

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

around 05:10 on May 24, 2018, when the Defendant came to D gas stations located in Yong-si, the wife population C, the Defendant left the house to drink, had 7 lids of the above gas station petroleum storage tank installed at the 7 lids of the oil storage tank, and kept strings at the entrance of the petroleum storage tank, and attached the strings to the above strings, and tried to attach fire to the oil storage tank to the above strings by spraying the petroleum into the existing gas station, which is an employee of the gas station. However, the Defendant attempted to put the strings into the oil storage tank, but the staff of the gas station who observed the attempt to put the strings into the strings, and failed to commit the attempted crime by putting the strings into the strings.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Protocol and list of seizure;

1. Application of on-site photographs and CCTV video CD-related Acts and subordinate statutes;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2), Article 59 (1) of the Act on the Observation, etc. of Protection and Community Service Orders;

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

1. Scope of statutory recommendations: Imprisonment for one year and six months to fifteen years;

2. Sentencing is not applicable because it is a single offender who is not subject to the sentencing criteria.

3. In cases where a decision of sentence has been rendered, the criminal liability of a defendant shall not be minor in light of danger, such as the place and time in which the defendant was to set fire, the degree and scale of harm to human life and property which may be caused if the defendant has reached the term;

However, the Defendant appears to have committed the instant crime in a contingent manner while disregarding his wife, and the instant crime was committed and actually committed.