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(영문) 수원지방법원 안산지원 2015.09.04 2015고합115
현주건조물방화미수
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 22:39 on May 25, 2015, the Defendant: (a) considered the conflict between the Defendant’s house located in the 205 Dong-gu, Ansan-si, the building C, and the wife D, and (b) took advantage of the heading of urban gas around his house while drinking alcohol; (c) took advantage of the heading house in his house and the heading house in his house and the heading house in his house, which he uses as his residence; (d) did not put the heading house to the above heading and the heading house in his house and his family; (e) did not put the heading house in his house; (e) did not put the heading house in his house and his family; and (e) the police officer, upon receiving a report from the police officer who was called on the floor to stop the heading on the floor of his house without being put into fire, was not able to take place as a wind.

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

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. Police seizure records;

4. Application of each statute of photography;

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

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

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

4. Probation and lecture attendance order under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The sentencing criteria shall not apply to this case, which constitutes an attempted criminal.

In this case, at the home where the defendant is living in him and his family members during the night, the defendant's house was frightened by cutting the ice of urban gas, attaching fire to his ice and the main stop brue, and burning the house on the attempted crime, and the nature and circumstances of the crime are not considerably good.

The above house of the defendant seems to be likely to cause huge damage by spreading not only the house of the defendant but also the other house of the neighbor as well as the house of the defendant.

Moreover, the Defendant on August 14, 2014.

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