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(영문) 서울동부지방법원 2015.01.29 2014고합385

현존건조물방화미수

Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 01:40 on July 8, 2014, the Defendant: (a) while drinking alcohol at “E” point operated by the victim D, the Defendant, without any justifiable reason, attempted to put him to the agenda No. 8 of the week, using the log in possession; and (b) put him on the door door at the entrance of the room, but put him into a retardant, but she was flicked with a retardant material.

As a result, the defendant tried to kill the existing structure between employees and customers, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to field photographs, CCTV photographs, and CCTV photographs at the time of crimes;

1. Relevant Article 174 of the Criminal Act concerning the facts constituting an offense, Article 174 of the Election of Criminal Act, and Article 164 (1) of the Criminal Act;

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 15 years;

2. Scope of recommending sentencing criteria: The fact that the sentencing criteria do not apply to an attempted crime; and

3. Determination of sentence: Imprisonment with prison labor for two years and three years of suspended sentence shall be punished strictly in light of the risk of committing a crime;

However, the punishment is determined as ordered by comprehensively taking into account all of the sentencing conditions, such as the defendant's age, character and conduct, environment, background of the crime, means and method of the crime, and circumstances after the crime, etc., by comprehensively taking into account the following factors: (a) there is no human life or property damage except for the attempted crime, (b) the victim does not want the punishment against the defendant; (c) the defendant has been punished; (d) the defendant has been fully recognized and closely reflected on the crime of this case; and (e) the punishment is to