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(영문) 서울남부지방법원 2016.10.28 2016고합415

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around February 2016, the Defendant reported the marriage with the victim C (V, 53 years of age) and began to live together in Geumcheon-gu Seoul Metropolitan Government D201.

On June 10, 2016, at around 00:25, the Defendant: (a) filed a dispute with one another as a matter of setting the premium for the head of the family in which the victim is operating; (b) placed a cremation site in the room in which the victim did not enter the house, and tried to extinguish a structure used as a residence by making the fire spread into a small bed and an inner bed; (c) however, the Defendant did not commit a attempted attempt by cutting the water from the play toilet to the bed with the bed and the bed with the water, so that the fire may make the fire broken down.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes governing field photographs and transmission of suspects;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The sentencing guidelines do not apply to an attempted crime of sentencing under Article 62(1) of the Criminal Act, which is the reason for suspended sentence.

Although the crime of this case was committed by the defendant against the house living together with the victim, the defendant's responsibility is not weak in that it could cause enormous damage to the property if the building was moved to another place.

However, the fact that the defendant recognizes his mistake and reflects his mistake, the fact that the defendant seems to have lost his fire after committing a contingent crime, the fact that there is no particular damage except for the partial fire, the victim does not want to punish the defendant, and the defendant is the same as the defendant.