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(영문) 대전지방법원 홍성지원 2015.08.06 2015고합54

현존건조물방화미수등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 18:00 on February 15, 2015, the Defendant who attempted to commit fire to the existing structure and fire means that the E Health Center run by the victim D (the 50-year-old) who is the wife of the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, would be “picked and dead” and “picker” would be gathered at a certain location, and the Defendant flicked a fire by using a dog, but the Defendant’s fraud, who received the phone from the victim and arrived at the place, did not flick by spreading the oil on the floor, but did not lead to a wind that does not contain a blick.

Thus, the defendant tried to fire the existing building of the victim, but did not commit an attempted crime.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective violence, deadly weapon, etc.) committed a brupt (25 cm in total length) by gathering golf (13 cm in total length), which is a dangerous thing in the above health center, and by gathering golf (113 cm in total length) from the victim G (her mother, 27 years old), his/her father, who was in contact with his/her mother, about his/her her fluence, and found him/her at the above time and at the above place, he/she sawd him/ her from G. (her mother, 27 years old).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and F;

1. Application of on-site photographs, damaged photographs, on-site photographs, and statutes;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the points of attempted fire-fighting of the existing building and attempted crime), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act concerning criminal facts;

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act (as to the crime of attempted fire-prevention of existing buildings):

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.