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(영문) 대전지방법원 천안지원 2019.08.28 2019고합130
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

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 June 15, 2019, at around 03:24, the Defendant: (a) requested police officers and fire-fighting officers dispatched after receiving a report from C by C on the ground that C had a personal relationship with B building in the Seo-gu, Seocheon-gu, Seocheon-gu, and the “Dju shop” operated by C on the second floor was not neglected and met; (b) demanded C to leave C; and even if six police officers and 11 fire-fighting officers were in existence, the two owners had an entrance to the entrance; (c) attached a fire to the head of the entrance; and (d) tried to extinguish the said main office with fire-fighting officers and fire-fighting officers dispatched to the police officers and fire-fighting officers. However, the police officers and fire-fighting officers led the Defendant.

Accordingly, the defendant was trying to fire a building in which people exist by setting fire and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs by cutting off on-site photographs and CCTV images at the scene of a crime;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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. The scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply to attempted crimes.

3. Determination of sentence: Imprisonment with prison labor for two years and suspended execution for three years; the crime of this case was committed by the defendant by setting fire to and burns a building in which people exist; it was a serious crime that could have caused serious loss of human life and property damage to other unspecified persons due to the dynamic and unexpected risk of fire, the possibility of burning, etc.

The defendant attempts to go out after leaving his main points.

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