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(영문) 대전지방법원 2014.05.23 2014고합52

현존건조물방화미수

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

On January 11, 2014, at around 22:10, the Defendant demanded D (the 35-year old-old) from the house of the Defendant in Daejeon-gu, Daejeon-dong, that he son pay for his hospital, but did not receive money, the Defendant did not receive money so that she can influencing the fluor incine, fluoring the fluor, drawing the fluor, and opening the f4-year-old door, and discovered the e (the 64-year-old), and found the her former e (the f4-year-old), she was "the same dead" and "the head of the Si was fluor" by dusting the fluor on the floor of the ward, and she did not have attempted to arrest the police officer dispatched after receiving a report by fluoring it, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Each police statement of E and D;

1. Seizure records;

1. On-site photographs, requests for appraisal, and application of response statutes;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act (the favorable circumstances of the reasons for sentencing as follows) is committed by the Defendant on the grounds that the Defendant does not come to his own house on the grounds that he does not take his own request. The crime of fire prevention is not merely a crime of causing property damage, but is a serious criminal that may cause enormous human damage and social loss thereby, and the place of the crime of this case is a multi-family housing used by many people as a residence, and the responsibility of the Defendant is not somewhat weak.

However, there is no record of punishment including the same kind of crime since 1979, and the fire prevention crime was committed in the attempted crime.