beta
(영문) 서울서부지방법원 2018.06.20 2018고합94

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C (ma, 70 years of age) and the couple, and the family owned by the victim is living together with three victims and three children in Eunpyeong-gu Seoul Metropolitan Government D Apartment and 109 Dong 101.

The defendant does not escape the victim from doing so.

B. On February 19, 2018, at around 16:20 around 16:20, gasoline was rootsd on the floor of the living room and brought about a stop. However, at around 101, E, the Defendant and the victim’s children, who were the children of the Defendant and the victim, was extinguishing by a flood immediately.

Thus, the defendant tried to fire a structure used as a residence by setting fire, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A summary statement of C (victim);

1. A photograph of the criminal implements, a photograph of the criminal implements (red gasoline purchase receipt), a photograph of the criminal implements, and on-site photograph of the case;

1. Application of Acts and subordinate statutes to investigation reports (in cases of interviews, etc. involving the suspect's family members), investigation reports (fields and their surroundings);

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Protection and Observation Act;

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

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Scope of recommended sentences according to the sentencing criteria: since they are minor offenders, the sentencing criteria shall not apply.

3. Determination of sentence: Imprisonment with prison labor for two years, suspended execution for three years, observation of protection, community service activities 160 hours, and evidence of confiscation for the crime of this case under subparagraphs 1 and 2 of this Article shall be set aside after the Defendant spreads inflammable substances in his/her residence, which is a part of apartment.