beta
(영문) 대구지방법원 서부지원 2018.04.19 2018고합18

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for two years.

A seized match (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On January 15, 2016, the Defendant was sentenced to five months of imprisonment for fraud in the Credit Support of Suwon Friwon, and completed the execution of the sentence at Daegu Prison on August 29, 2016.

[2] The Defendant, while residing in Daegu-gun Dara 102, failed to pay rent for the above residence and received a demand from the loan manager for the use of the room from the loan manager, committed an act of selling the above C lending (10 households size) with respect to its character and with a view to putting it away.

Accordingly, at around 04:30 on November 12, 2017, the Defendant collected garbage in the vicinity of the above 102 room, and he stored the waste in the middle of the above 102 room. The Defendant laid down a stop on the above 102 room, and attached the waste to the lower part of the fluor, which was in its possession, and caused the heat to the lower part of the fluor, such as television, cooling pipe, air conditioners, and air conditioners, etc. in the above 102 space, the repair cost of the fluor was reduced to approximately KRW 2,737,90,000, but it did not move the fluor to the above fluoring building for reasons such as the lack of oxygen, etc.

Thus, the defendant tried to fire a structure owned by a victim who was used as a residence by setting fire, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. On-site reports on results of field identification and on-site file reports;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as investigation reports (examination of suspect A repeated crime), personal confinement status, sentence of judgment, criminal history, etc.;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

1. Legal provisions;