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(영문) 창원지방법원 마산지원 2017.11.10 2017고합88
현존건조물방화미수등
Text

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

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

1. Around 02:51 on September 19, 2017, the Defendant, who was charged with the crime of fire-fighting of a general object, destroyed the fire by setting fire to a disposable bag, which was in possession of the DPC room in front of the DPC room located in Changwon-si, a member of Changwon-si, without any particular reason, and caused public danger.

2. On September 19, 2017, the Defendant, who attempted to commit fire prevention of existing buildings, entered the E Commercial Underground Parking Lots in Yongsan-gu, Changwon-si, Changwon-si, Changwon-si on a disposable-si, and attached a brupt with waste collected from the place and caused the postponement to become the F convenience store employees, etc. of the above building, which caused the postponement, but the fire was destroyed by the fire officers dispatched after receiving the report, and the fire was not spread to the entire building.

Accordingly, the defendant tried to fire a building in which the employees of F convenience stores are in existence, but did not commit attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to reports on occurrence, internal investigation and investigation reports;

1. Relevant Article 174 of the Criminal Act, Article 174 of the Criminal Act, Article 164 (1) of the Criminal Act (the point of attempted fire prevention of existing buildings, the choice of imprisonment for abandonment), Article 167 (2) and Article 167 (1) of the Criminal Act (the point of fire prevention under his/her own general property, and the choice of imprisonment);

1. Aggravation of concurrent crimes and Articles 37 (former part), 38 (1) 2, and 50 (to the extent that the punishment is aggregated with the long-term punishment of two crimes) of the Criminal Act to increase 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 48(1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to six years; and

2. The scope of punishment recommended on the sentencing criteria:

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