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(영문) 울산지방법원 2015.12.18 2015고합314
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2015, at around 06:08, the Defendant considered that the victim D, etc. in Ulsan-gu, Ulsan-gu, a residence used by the Defendant, will be bound if he was frighted against the actual situation of the Defendant at the “Eudio” parking lot, and used a garbage bag at the entrance at that place, and attempted to put the said vehicle under the above vehicle under the front of the said vehicle and the said studio by setting fire into the said vehicle with a frop, which was prepared in advance at the end of the said studio-purging vehicle installed at the entrance of the said studio. However, the victim, who was reported through CCTV of the Defendant’s CCTV, attempted to take the down and fire all the said vehicle and the said studio on the way of the said vehicle. However, the victim she attempted to take the said studio 303 of the above studio 303.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. A report on the occurrence of a fire;

1. On-site photographs of damage, and on-site photographs of the suspect for committing the crime;

1. Application of the existing Acts and subordinate statutes of one seized Rater (No. 1);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201; Supreme Court Decision 201Do1148, Apr. 2

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

2. The sentencing criteria shall not apply to an attempted crime, since the scope of recommending punishment according to the sentencing criteria is attempted;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and three years of suspended sentence;

4. The crime of this case on the grounds of sentencing was committed by the Defendant, who is dissatisfied with the reality, set under the passenger car parked next to the entrance of the studio with a fire attached to the waste bag, and tried to set the flight in whole and the studio of the above car and the studio, but attempted to commit an attempted crime.

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