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(영문) 수원지방법원 평택지원 2017.08.11 2017고합95
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 11, 2017, at around 03:15, the Defendant, at around 03:15, entered the Defendant’s house located in Pyeongtaek-si C3, with D and the husband’s fighting. A locking the door, “Is the front floor of the newspaper site located in a ward, i.e., “Is any fluor, dead, dead, and dead,” and attempted to extinguish the dwelling by setting fire to the front floor of the newspaper located in the ward. However, the Defendant did not commit an attempted crime by reporting that he was fluent, but did not spread the play water by spreading it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Article 174 of the Criminal Act applicable to the facts constituting an offense and Articles 174 and 164 (1) of the Criminal Act chosen to punish a person with limited labor;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment with prison labor for one year and six months to fifteen years;

3. Determination of sentence: In light of the fact that the crime of this case 2 years of suspended sentence for one year and six months of imprisonment was committed with D and his spouse, while the defendant fightingd with D and his spouse, and the defendant and his spouse could cause serious human and material damage, the defendant's liability for the crime of this case is not weak.

However, the defendant's mistake and reflects, the defendant's spouse is seeking the preference of the defendant, and other circumstances, such as the defendant's age, sex, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined in accordance with the order.

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