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(영문) 대전지방법원 2013.11.15 2013고합219
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

A disposable dys (Evidence No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On February 17, 2011, the Defendant was sentenced to two years of imprisonment for murder, attempted murder, etc. at the Daejeon District Court, and completed the execution of the above sentence on January 13, 2013.

The Defendant demanded the victim C to borrow money, but refused to do so, and around 10:30 on February 17, 2013, the victim et al., in Daejeon Dong-gu, Daejeon-gu, was in possession of his clothes in front of the housing gate owned by the victim et al., who was in possession of the victim et al., and tried to carry the entire house, but the victim tried to move the gate into the sloping gate.

Ultimately, the Defendant got out and attempted a house owned by E used as a residence by the victim, etc.

Summary of Evidence

1. A statement to the effect that the defendant has attached a fire to him in possession of his clothes at the time and place of the ruling, provided that the defendant had been in this court;

1. C’s legal statement;

1. Images of the case-related photographs, such as seized articles and the site;

1. A statement to the effect that a disposable ter has been seized from the defendant, among the records of seizure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes stated in investigation reports (a confirmation of criminal records and attachment of relevant judgments), investigation reports (date of final judgment, etc.);

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

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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. Determination of the defendant under Article 48 (1) 1 of the Criminal Act and his/her defense counsel's assertion

1. Although the gist of the claim was that the victim had his clothes in front of his dwelling gate in which the victim was living, the victim did not have the intent to commit a crime by setting fire on the above house, the victim did not do so but did not do so.

2. The judgment of the present building and the crime of attempted fire prevention shall be established.

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