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(영문) 대구지방법원 포항지원 2016.04.11 2016고합6 (1)
현주건조물방화미수
Text

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant: (a) around 21:40 around 23, 2015, at the dwelling space where D and two children live together with the Defendant’s spouse of North-Gu C, 203 Dong 2502, and D and 2.502, the Defendant borrowed the above dwelling space as security; and (b) put Lbin oil on the floor of the dwelling space where D and kids and kids are placed in the above clothes:

The purpose of this case was to fire a structure that D et al. uses as a residence with a fire as a one-time tool, but this case was not achieved by reporting the occurrence of a fire and extinguishing the fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F or D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. The sentencing guidelines do not apply to offenses for sentencing under Article 48(1)1 of the Criminal Act, since the reasons for sentencing under Article 48(1)1 of the Criminal Act are minor.

The crime of this case is nothing more than attempted by the defendant in his residence with his family, and because the building was an apartment, the crime of this case may cause a large amount of loss of human life or property damage.

However, the punishment as ordered shall be determined by taking into account the following circumstances, including the early extinguishment of fire and property damage, the fact that the defendant seems to have committed the crime of this case in a contingent manner, the defendant's wife who can be directly damaged is also complaining of the defendant's prior action against the defendant, the defendant has no criminal record for the same kind of crime, the defendant's age, sexual conduct, the details of the crime of this case, and the circumstances after the crime, etc., and the conditions for sentencing specified in the arguments of this case, and the execution thereof shall be suspended.

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