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(영문) 대구지방법원 2014.08.22 2014고합306

현존건조물방화미수

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, 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 May 8, 2014, the Defendant, at around 04:58, failed to commit an attempted crime by a fire officer dispatched after receiving the report of 119, by attaching a fire to the knife of the entrance of the entrance opening up in the direction of the corridor, which had been under influence of alcohol, to the eel of the victim D operation in Daegu-gu, Daegu-gu, Daegu-gu, by attaching a fire to the knife of the knife of the knife of the knife.

Thus, the defendant tried to fire a building in which people exist, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes to field identification reports, internal investigation reports (with respect to reports filed in 119), investigation reports (verification of CCTVs);

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. 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. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Scope of recommending sentencing criteria: The fact that an attempted crime is not subject to the sentencing criteria.

3. Determination of sentence: 10 months of imprisonment, and 2 years of suspended execution, the crime of this case is intended to fire the entrance and hand of the telecom, which is a building in which the defendant is present, by setting fire, and it may cause serious damage to the human life or property, and the liability for the crime is not easy in that it could cause serious damage to the human life or property;

However, the Defendant was under the influence of alcohol and a fire was early extinguishing by a fire officer dispatched by the Defendant’s report, and the damage is relatively minor, and the Defendant agreed to compensate all the damage and only with the victim, and there is a particular criminal record other than once a fine minor.