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(영문) 전주지방법원 군산지원 2018.05.17 2018고합38
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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 February 7, 2018, the Defendant: (a) around 19:50, the Sinsan-si, Sinsan-si; (b) around 19:50, and D’s dwelling space, which is the female living together with the Defendant under subparagraph 303 of the same Article, destroyed the above building by setting the house into a one-time newspaper on the ground that D was not living together with another male; (b) but, upon receiving the Defendant’s 112 report, the Defendant attempted to extinguish the above building by setting the police officer dispatched to the site on the ground that D was not living together with the other male; (c) on the same day, the police officer was not able to break out tap water at the same place on the same day; (d) on the same day, at around 22:00, the police officer attempted to break out the building with a one-time container and put it out on the wind for the police officer dispatched to the site upon receiving the Defendant’s 112 report.

Accordingly, the defendant was trying to fire the above building used as a residence by setting fire to and from the fire.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Reporting case handling table;

1. Application of internal investigation reports (on-site conditions and photographs related thereto), on-site photographs-related statutes;

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for nine months to fifteen years;

2. Sentencing is not applicable to a person who has not been sentenced to a sentence: One year of imprisonment and two years of suspension of execution: The crime of this case is committed by several persons who have resided in the above collective housing because the defendant tried to extinguish by setting fire twice on the same day in the residence of a female living together, who is a part of the collective housing.

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