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(영문) 서울동부지방법원 2017.09.05 2017고합126
현주건조물방화미수
Text

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

Around 10:20 on April 30, 2017, the Defendant, while having talked with the presidential election at the Defendant’s house located in Gangdong-gu Seoul apartment, Gangdong-gu, Seoul, 104 Dong 501, and 104 Dong 501 on the night day before the Defendant’s house located in the Defendant’s house, she attempted to prevent a fire by putting the Defendant’s wife and her wife into a house after having come to her house after having come to her own opinion because she did not interfere with the Defendant’s own opinion, and having come to her house after having come to her house after having come to her house and came to her home at her house at her own house, and she attempted to extinguish a fire to the new house where she had a new outbreak and a garbage bag, etc., and she attempted to extinguish this to the wind of this Defendant’s father’s mother.

Accordingly, the defendant did not commit an attempted crime of setting fire to and from a structure used as a residence by a person.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of respective Acts and subordinate statutes to a report on the generation of a building at the present place, to file an investigation report, and to photographs attached thereto;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to September, up to seven years and up to June;

2. Whether to apply the sentencing criteria: since it is an unregistered crime, the sentencing criteria shall not be applied;

3. Determination of sentence: Ten months of imprisonment and two years of suspended sentence;

A. The crime of arsoning a structure used by an unfavorable normal person as a residence is committed against a criminal who is highly likely to cause serious harm to the life, body, and property of a person, and the criminal committed several times in the past.

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