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(영문) 의정부지방법원 2015.08.13 2015고합154

현주건조물방화미수등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the child of the victim C (ma, 84 years of age).

1. On June 1, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc., threat to the existence of a deadly weapon) threatened the victim’s house located in Gyeonggi-do-gun from around 00:00 to 04:00, with the victim’s face, face, arms, etc. on several occasions with the victim’s cell phone and cell phone who did not make any money, and with the victim’s face, face, arms, etc. on the part of the victim, which is a dangerous object that had been continuously in possession, and threatened the victim with the kacker, who was in possession of the dangerous object.

2. The Defendant attempted to commit fire to the present state building and fire at the time and place indicated in paragraph (1). The Defendant saw that the victim would not give money continuously to the victim, left the house in which the victim resides, and put the victim “the dead person or the dead person on board,” and put the victim into a gas train located in the main room, such as plastic fins and jus, and put the gas fire on the gas box located in the main room. However, the police officer sent to the scene after receiving a report was fire-fighting and attempted to put the police officer f in an attempt.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A family environment survey report;

1. Application of field photographs, violence victim photographs and Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 2 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 283 (2) of the Criminal Act (a person in charge of threatening the existence of dangerous things), Articles 174 and 164 (1) of the Criminal Act (a person in charge of attempted fire-prevention of the modern structure, and choice of limited imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (aggravating concurrent crimes with the punishment determined for the grave building, structure with the largest punishment);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for a period of one year and six months to twenty-two years;

2. The application of the sentencing criteria.