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(영문) 춘천지방법원 원주지원 2018.09.13 2018고합67

현주건조물방화미수등

Text

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

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

Reasons

Punishment of the crime

1. On May 7, 2018, the Defendant attempted to commit the fire of the instant structure, at the third floor office managed by the victim D of the building in the atomic-si, nuclear power around 16:40, the Defendant attached a fire to the instant fire that had been located in the instant site using the firer, which was under the control of the victim D, due to the influence of alcohol and ordinary economic problems. However, the Defendant did not move to the building on his own by fluencing a fluor with a fluor of a fluor of a fluor of a fluor of a fluor of a fire.

2. The Defendant damaged property by putting the victim D’s market value equivalent to KRW 498,00,00 in total, at the time and place specified in paragraph 1, on the floor for the same reasons as that specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Seizure records;

1. The investigation report (the sequence 11 of the evidence list);

1. A detailed statement of damaged articles and a copy of a receipt;

1. On-site photographs and photographs of seized articles;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Relevant legal provisions of the Criminal Act and Articles 172 and 164 (1) of the Criminal Act (the current main building, the point of attempted fire prevention, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destruction and damage, the choice of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes for the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is added up by the maximum term of the punishment)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Scope of the applicable sentencing under the law for the reason of sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the following grounds for sentencing): The scope of the recommended sentencing based on the sentencing guidelines between June and June 16: Imprisonment;

A. Basic crime: the crime of destruction [the types] (the general criteria for the destruction of property, etc.) (the person subject to special sentencing] (including the person subject to serious efforts to recover damage) or substantial damage has been restored (the scope of the decision and the recommended sentence] mitigation area, one month to six months of imprisonment.