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(영문) 의정부지방법원 2015.08.26 2015고합22

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 18, 2015, at around 18:52, the Defendant, in a state of weak mind and body due to the influence of drugs, sent to the corridor 7th floor Etel (the Defendant’s residence; hereinafter “the instant officetel”) of the Gu Government-si Office of Etel (the Defendant’s residence; hereinafter “the instant officetel”) with a sound of her own, but did not have any reaction by dividing the first race of 702 and 703, without any reason, and had a string of the said corridor.

Accordingly, the Defendant: (a) adhered to a portable gas burner installed in the warehouse of the 7th floor of the instant officetel; (b) laid down a handk, which was owned by the Defendant; (c) laid down a fire fighting machine installed in the corridor; and (d) fire fighting equipment installed in the corridor was destroyed.

Thus, although the defendant tried to destroy a building used as a residence by setting fire, he was to have attempted to commit the crime by himself.

Summary of Evidence

1. Partial statement of the defendant;

1. Police and suspect examination protocol of each prosecution against the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a report on investigation, a report on investigation (on-site satisfaction, an investigation of a suspect's new attack, etc.), and on-site photographs (Evidence No. 7, 13)

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

1. Articles 10(2) and (1), 26, and 55(1)3 of the Criminal Act for statutory mitigation (see, e.g., Articles 10(2) and (1), 26, and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 200Do

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The gist of the assertion was that the Defendant was merely intended to leave people with a fire at the time of committing the instant crime, but did not intend to put the instant officetel, and was under the influence of drugs, and thus, it could be attached to the building.