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(영문) 서울남부지방법원 2015.01.30 2014고합551
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in the 203rd floor of the multi-family house owned by D in Yangcheon-gu Seoul Metropolitan City, did not contact with his/her wife while living away from his/her wife after divorce, while living in the place of his/her wife.

On November 26, 2014, the Defendant, at around 12:50, 12:50, dried the house floor of the above Defendant’s above Defendant’s above Defendant’s house, dried the passage through which the Defendant purchased in advance at a nearby gas station, and attempted to burns the Defendant’s house by attaching a rater with a fire, but did so by doing so by drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs, 112 reported case handling table, appraisal report (Evidence Nos. 1, 6, 13, 15)

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

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

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The sentencing criteria shall not apply to an attempt to determine a sentence.

Considering the fact that the crime of fire prevention for one year and six months of imprisonment and two years of suspended execution is a crime that always exists that is likely to cause life damage or big property damage, and that it is a serious crime, the defendant shall be held liable for strict liability corresponding to the crime.

However, the fact that the actual damage caused by the instant crime is minor, that the Defendant appears to have caused the instant crime by contingency under the influence of alcohol, and that the Defendant has a particular criminal history in addition to one fine prior to a fine.

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