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(영문) 서울남부지방법원 2014.09.18 2014고합317
현주건조물방화미수
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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 April 23, 2014, from around 00:30 to 01:00 on the same day, the Defendant sent the victim a text message stating "I ambi son," "I amb son," "I amb son," "I amb son," "I amb son," and "I amb son, I amb amb amb son," and then tried to open the door door of the victim's dwelling by using a one-time stop with ordinary gate, with a part of the entrance, which was removed from the gate of the victim's dwelling, while the Defendant tried to remove part of the gate, which was removed from the gate of the victim's dwelling, from the gate of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, 702 Dong 311.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each photograph;

1. A report on the occurrence of a fire;

1. Application of statutes governing reports on results of field identification;

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

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 extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The sentencing criteria shall not apply to an attempt to determine a sentence.

Fire-prevention crimes in one year and six months of imprisonment and two years of suspended execution are crimes that always exist that are likely to cause and cause severe damage to human lives or property damage due to fire rapidly, and are disadvantageous to the defendant.

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