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(영문) 수원지방법원 2015.04.14 2015고합107
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. At around 14:00 on February 13, 2015, the Defendant, within the Defendant’s house located in Yeongdeungpo-gu, Suwon-si, Suwon-si, with a gas siren for the purpose of extinguishing fire, added fire to the blue cremation site using a gas siren for the purpose of extinguishing the fire, and put it out to the brue which was located inside the inside of the said site. However, the Defendant attempted to keep the brue out of the brue where the brue was found in the measures where the brue was located in the inside the said place, followed the brue by launching the brue, and then

2. At around 12:04 on February 17, 2015, the Defendant: (a) attached a cremation paper using a disposable dog for the purpose of making fire against E on the ground that E did not comply with the foregoing at the same place; (b) however, the F witnessing the mast has taken a shot, turned out a shot, continued entering the shot, and put a fire into the shot book, and put the shot by setting fire into the shot; (c) but (d) the D at the same place was shot and shot up at the shot; and (d) was attempted by the wind that caused the shot to put the shot by a shotter.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, and D;

1. Statement of police seizure;

1. A report on actual condition of the police;

1. A prosecutorial investigation report (a document attached to a report on investigation by the military prosecutor) and a police investigation report (a document attached to a report on 112 cases);

1. 112. List of reported cases;

1. Application of statutes on site photographs;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated for the existing crime of fire-prevention committed on February 17, 2015), among concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: From September to March 11; and

2. The sentencing criteria shall be based on; and

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