(영문) 수원지방법원 성남지원 2014.11.20 2014고합256

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2014.11.20 2014고합256

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on May 17, 2014, the Defendant: (a) placed a fire on a back-site using a log and a back log in a common toilet located in the 1st floor of the building where Seongbuk-si C is located on the ground that the victim’s “Enogate” was able to remove stress he was able to do so; and (b) placed a fire on a 1stru and a broom broom 1stru in that place; and (c) laid off in front of the toilet with a brush in front of the toilet, and moved a waste brush in front of the toilet, and tried to remove the building used as a residence and commercial building, but the victim, including the victim, was placed in a smell, and did not have attempted to stop with the Defendant and stop the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs of the site and photographs of the damaged site;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act on probation and community service order is that the crime of fire-prevention against the main structure is not easy because it may cause serious damage to the lives, bodies and property of many people.

However, the execution of imprisonment with prison labor is suspended on the condition of probation and community service order, considering favorable circumstances that the crime of this case was committed in the attempted crime, property damage was almost not occurred, and that the defendant agreed with the victim, and that the defendant reflects his mistake in depth while recognizing the crime of this case.

참조조문

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