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(영문) 대구지방법원 서부지원 2018.04.12 2018고합6

현주건조물방화미수

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2018, the Defendant attempted to escape from the ward ward, using the fact that the fire alarm system was automatically opened at the hospital room in Daegu-gu, Seo-gu, where he was hospitalized for treatment, such as a trouble in shocking, around 16:20, in order to escape from the ward ward, the Defendant failed to commit an attempted crime by burning the above closed ward in which many patients reside, but the Defendant discovered that the fire was fire was fired, by putting it up into a one-time container with the entrance door automatically opened. However, the Defendant failed to commit an attempted crime, even if the employees discovered that the fire was fire was fired, on the wind, carrying only some of the above settling leases, etc. so that the amount of repair costs equivalent to 4.360,000 won at the market price, and did not bring about an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on the occurrence of a fire and on the results of field meals;

1. Six copies of the estimates for damage;

1. Chapter 26 of a field photograph, and 15 of a CCTV course photograph;

1. Application of the relevant Acts and subordinate statutes to the seizure protocol (relic and voluntary submission) and the list of seizure;

1. Relevant legal provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning facts constituting an offense (the fact that the present main building is an attempted crime of fire prevention, and the choice of abandonment of imprisonment);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria: since they are exemplarys, they shall not be subject to the sentencing criteria;

3. The punishment of a criminal defendant shall not be imposed against him/her in that he/she commits a crime resulting in a large fire, resulting in enormous damage to human life, property, and social loss;

In particular, the crime of this case was committed in closed wards where many patients live in, and there was a possibility that the damage of human life was caused by fire.

However, the defendant has damaged booms caused by game addiction.