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(영문) 수원지방법원 평택지원 2019.09.27 2019고합105
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. At around 17:40 on July 18, 2019, the Defendant attempted to commit fire to the present residential building and fire, putting the Defendant’s her fluor C from Pyeongtaek-si Ba, and her fluor D with the Defendant’s her fluor, with the intention to keep the fire in the present residential area.

Therefore, the Defendant, after inserting a lided lid from an electronic post, has become a person who has become a person who has become a person who has become a person who has become a person who has become a person who has become a person who has become a person or has become a person who has become a person or has become a person who has become a person or has become a person who has become a person or has become a person who has become a person or has become a person or has become a person who has become a person or has become a person who has become a person or has become a person

2. On July 18, 2019, at around 18:40 on July 18, 2019, the Defendant destroyed the Defendant’s destruction of property, on the same place as the foregoing paragraph 1, on the grounds as described in the foregoing paragraph 1, but, on the contrary, at the victim’s strings owned by the victim in the said residential area, destroyed the unclaimed repair cost by destroying two strings with the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on the scene of damage, such as photographs, reports on the results of field identification, and investigation (the owner of a damaged building);

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (2) of the Criminal Act (the occupation of attempted crime against the present main building and attempted crime, the choice of limited imprisonment), and Article 366 of the Criminal Act (the occupation of destroying and damaging property and the choice of imprisonment);

1. Legal mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum of the long-term punishments specified in the principal building, structure with heavy penalty, and attempted crime of arson] among concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment for nine to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Current owner's building and attempted crime prevention: Whether the sentencing criteria are not set; and

B. Damage and damage of property (determination of type) shall be limited to damage and damage of property (Article 1).

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