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(영문) 대구지방법원 김천지원 2014.08.22 2014고합44

현주건조물방화미수등

Text

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

except that 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

1. The Defendant had been living together with the victim C from May 2012 to February 2013. After the settlement of the living relationship, the Defendant resided in the building owned by the victim in Kimcheon-si D.

On April 21, 2014, at around 13:00, the Defendant, on the ground that at the time of living with the victim, the victim in Kimcheon-si, was in a brick house, which was used as a residence, and had much property damage at the time of living with the victim, and the Defendant, upon the demand that the Defendant pay the electricity of the above building, attempted to shot purchased in advance, shotbling the gasoline purchased in front of the above house and the rear door in front of the LPG gas storage, and then setting the fire by shot with it in front of the front door of the above house, but the Defendant did not commit attempted to commit a crime by shoting the victim, which was found.

2. In general, the Defendant, at the time and place specified in Paragraph 1 above, destroyed the gasoline prepared as above on the F Poter Cargo Vehicles with approximately 15 million market value, which was the victim’s possession, by putting it off with a rater who was in possession of it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Police investigation report (limited to attachment of photographs, etc. of damaged vehicles and estimates of damaged vehicles);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the points of attempted fire-prevention of present building and the choice of limited imprisonment) and Article 167 (1) of the Criminal Act (the points of fire-prevention of general goods) of the choice of criminal facts;

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 more severe, concurrent crimes with the punishment determined for the crime of attempted fire-fighting, but to the extent that the punishment is added up the long-term punishment for each of the above

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of applicable sentences) shall be from 1 year and 6 months to 20 years.