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(영문) 부산지방법원 동부지원 2020.02.19 2020고합3

현주건조물방화미수

Text

Defendant shall be punished by imprisonment for a term of 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

At Jeju, the defendant had been accommodated for a long time in hotel D E managed by the victim C Co., Ltd.

The defendant, in the state that he/she lacks the ability to distinguish things and decision-making ability due to editing and modern illness, found the same noise outside of 17:30 on June 15, 2019, and opened pipelines on the 13th floor stairs, and considered that the tape is reduced in the inside cable, and considered that the tape is in the pipe inside the pipe.

피고인은 배관함에서 ‘드르륵드르륵’ 소리가 나는 것에 화가 나 불을 피워 연기가 나면 사람이 나올 것이라고 생각하여, 평소 호텔방에 보관하고 있던 캔들 라이터를 이용하여 배관함 내에 있던 전기선과 배관에 불을 붙였으나, 불이 전기선과 배관을 그슬렸을 뿐 건물 벽면 등으로 옮겨 붙지 않은 상태에서 연기가 나는 것을 목격한 호텔 숙박객의 신고로 진화되는 바람에 그 뜻을 이루지 못하였다.

As a result, the Defendant added electricity and piping installed in pipes in the above hotel where people live, but did not move the above fire to the above hotel building and did not commit attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (No. 1,4,8,26);

1. Application of Acts and subordinate statutes on the list of reports, records of seizure, records of field pictures, materials of field pictures, and 112;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under Acts: Imprisonment with prison labor for not less than six months from January to 15 years;

2. Scope of recommendations on the sentencing criteria: An attempted criminal shall not be subject to the sentencing criteria.

3. The instant crime of this case, which has been sentenced, is committed by many people.