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(영문) 울산지방법원 2019.02.15 2018고합38
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 8, 2018, at around 08:09, the Defendant was in front of the window of a room in which the victim C was living in Ulsan-gu B multi-household B, Ulsan-gu. Around 08:09, the Defendant was unaware that D had been living together with the victim, who had been living in his house, was living together with the victim, and was waiting for D to live in the said house for about three hours, and that D was living together with the Defendant. However, the Defendant was able to see that D had been living in the said house for about four hours, while the victim and D was waiting for living in the said house. However, the Defendant was able to see that D had been living in the front of the window at the market price of KRW 470,00,000 at which he was living in the front of the window.

As a result, the Defendant attempted to kill the above house used by the victim, etc. as a residence but did not move the house, but did not commit an attempted crime by carrying only 80,000 won, more than 30,000 won, more than 20,000 won, more than 30,000 won, and more than 20,000 won, and more than 20,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on photographs by reporting on the occurrence of a fire, investigation report, fire site photographs, and CCTV closures;

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

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

1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. At the time of the instant case, the Defendant merely put the victim’s intent to harmonize with the corridor in front of the victim’s house, and to load a sports gear, etc., and did not intend to extinguish the present building itself.

2. Determination

A. In order to establish the crime of fire-prevention against the present owner's structure, the intention is to use the fire for the residence by setting fire, or setting fire to the building in which people exist.

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