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(영문) 인천지방법원 2020.06.12 2020고합103

현주건조물방화미수

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

On September 1, 2019, at around 17:10 on September 1, 2019, the Defendant thought that his wife was out of the dwelling of the Defendant in Bupyeong-gu Incheon, Bupyeong-gu B Housing C, and thought that he was in dispute with his family members, and tried to remove newspapers and clothing, etc. on his own, and store the Defendant’s dwelling by putting him out on the gas car located in his house, and putting him away on the gas car located in his house, but the Defendant attempted to extinguish the Defendant’s dwelling. However, the Defendant’s wife was not able to discover and extinguish it on his wind, but failed to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes on internal investigation and field appearance;

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

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommendations based on the sentencing criteria: An attempted criminal shall not be subject to the sentencing criteria.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence, the Defendant issued newspapers, clothes, etc., and ignited gas bags, thereby putting fire into his residence. This fire-prevention crime is likely to cause serious damage to the life and property of the person in danger of being brupt, and thus, the Defendant’s liability for the crime is not easy.

However, a favorable circumstance is that the defendant does not repeat the crime of this case while recognizing the crime of this case, the defendant seems to have committed the crime of this case in a contingent manner while disputing his wife, the defendant's wife immediately left without delay, and the damage caused by the crime of this case is minor, and the defendant has no criminal record punished for the same kind of crime or punishment, and the defendant's age, age, and other circumstances.