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(영문) 전주지방법원 2019.05.01 2019고합36
현주건조물방화미수
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 22:40 on January 16, 2019, the Defendant: (a) applied the 3rd floor corridor B located in Seojin-gu, Seojin-gu; (b) applied the 3rd floor of the 3rd floor of the 3rd floor of the 2019, and applied the 4th floor of the 3rd floor of the 3rd floor of the 3rd floor of the 2019, and applied the 4th floor of the 4th floor of the 3rd floor of the 3rd floor of the 2019

Accordingly, the defendant tried to destroy a building in which people are living, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. The list of seizure;

1. Investigation report (related to the Clurbed structure); and

1. Application of Acts and subordinate statutes concerning photographs, such as on-site;

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. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and Medical Treatment and Custody Act Article 62-2(1) of the Medical Treatment and Custody Act; Articles 2-3 subparag. 2 and 44-2 of the Medical Treatment and Custody, etc. Act (In light of the records of this case, the defendant needs to receive medical treatment for proof of alcoholic content as a person who has a habit of drinking alcohol. In light of the details and details of the crime of this case, if the defendant does not receive the above medical treatment, the risk of recidivism is recognized);

1. As a criminal attempt for sentencing under Article 48(1)1 of the Criminal Act, the sentencing guidelines do not apply.

Fire-prevention is a highly dangerous crime that may cause unexpected damage to life, body, and property of a person with no risk.

The crime of this case is committed by the defendant in the corridor of a lodging establishment, and is committed with an attempted attempt by the defendant. The crime of this case is committed with a large fire, and it is serious to the life, body, and property of many people.

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