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(영문) 대전지방법원 2015.05.15 2015고합71
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

one (No. 1), one disposable oil (No. 1), which has been seized, shall be increased by one.

Reasons

Punishment of the crime

[Criminal Power] On June 27, 2014, the Defendant was sentenced to eight months in the Daejeon District Court for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and completed the enforcement of the said sentence on January 13, 2015.

【Criminal Facts】

On February 20, 2015, the Defendant, at around 21:00, purchased one gasoline (13 ml) and one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-time one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one-way one at the G convenience store located near the other, and then sought it again at around 22:00 on the same day.

Then, the Defendant told victims E and H in the instant singinging machine that read, “I would like to do so if I want to do so.” While dusting the gasoline prepared in advance on the Kacing machine table table, and string it by using a single-use dog, the Defendant attempted to do so any longer because the floor of the instant singing machine is a product of a non-fluoring machine.

Thus, the defendant tried to fire the existing building E and H by setting fire, but did not commit attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Seizure records;

1. Photographs of the suspect at the scene of damage and at the time of dispatch, or photographs of the suspect at the scene of oil roots;

1. Each investigation report and investigation report (related to the inspection at the scene of appraisal);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report on the binding of decisions in related cases), and application of Acts and subordinate statutes to the status of confinement/taking by individuals;

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

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

4. Article 53 of the Criminal Act for discretionary mitigation.

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