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(영문) 서울중앙지방법원 2015.07.09 2015고합374

현주건조물방화미수등

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Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

Since 30 years ago, the Defendant had the father of the Victim C (Y, 54 years old), who had been able to obtain a loan as security, but thereafter, had sold the land at auction and did not receive any repayment from the father of the victim, and had been able to look at the victim’s house.

Around 18:05 on March 31, 2015, the Defendant went into the house of the victim located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan CityD) and went into the floor of the living room by attaching a fire to a flame disease that was prepared in advance by putting a spacker into the ward. However, the Defendant did not go into an attempted attempt because the victim discovered it on the wind by putting a spacker and spacking a spacker.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each protocol of seizure;

1. Requests for appraisal;

1. Application of the site photograph, seized articles and Acts and subordinate statutes

1. Relevant Articles 174 and 164 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment), which relate to the relevant criminal facts, and Articles 174 and 164 (1) of the Criminal Act, which choose the penalty;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up for concurrent crimes with the punishment determined for a grave building with heavier punishment (to the extent that the punishment is added up for the last two crimes));

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 16 months and not more than six months;

2. The current owner's building or an attempted crime is an attempted crime, and the crime of intrusion upon residence is an offence for which the sentencing criteria are not set, and both the sentencing criteria are not applied.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a period of three years under a suspended execution shall be the floor of the living room after the defendant intrudes on the house of the victim at a low level and put a fire to the fire that caused collapse;