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(영문) 대전지방법원 2014.05.09 2014고합53

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

1. On February 6, 2014, at around 23:00, the Defendant attempted to commit fire to the present residential building and fire: (a) the Defendant received finb by drinking alcohol from D, his mother, who was the Defendant’s mother, with drinking alcohol and returning finb late at the latest; (b) the Defendant’s finb was attached with a finb by using a logter in his possession; and (c) the Defendant tried to extinguish the structure that was laid on the floor and used as a residence and is currently being used and still under way for the Defendant and D’s residence; (d) however, the Defendant attempted to commit an attempted crime without any occurrence of a fire that D discovered it.

2. On February 6, 2014, the Defendant damaged public objects by being arrested as a flagrant offender due to the circumstances, etc. of F belonging to the Daejeon Police Station E zone, Daejeon Police Station E zone, which was dispatched after receiving a report at the above location on February 6, 2014, and damaged the above patrol vehicle, which is a public object used in the E zone, by sufficiently dividing the back of the left side of the patrol vehicle into two arms while boarding the G patrol vehicle, which was set up in front of the said area, with the repair cost of KRW 50,00.

3. 모욕 피고인은 2014. 2. 6. 23:35경 대전 대덕구 H에 있는 E지구대 안에서 경찰관들과 피고인의 어머니, 동생 등이 듣고 있는 가운데 피해자인 순경 I에게 욕설을 하며 “다 죽여버리겠다, 짭새 새끼들아”라고 큰 소리를 쳐 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act that apply to facts constituting an offense, and the choice of punishment (the occupation of attempted crime, the choice of limited imprisonment), Article 141 (1) of the Criminal Act (the occupation of damage to public goods, the choice of imprisonment), Article 311 of the Criminal Act;

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act

1. From among concurrent crimes, the crimes of attempted fire-prevention of the current owner of a building with the largest punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;