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(영문) 수원지방법원 여주지원 2017.11.23 2017고합99
현주건조물방화미수
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on September 15, 2017, the Defendant brought an objection to himself/herself/herself/herself and the house, and tried to stop a fire by considering that he/she did not go to the house, and then setting up the newspaper on the floor of the ward, and then setting the house used as a residence by attaching the newspaper to the house. However, the Defendant failed to go to the wind that the fire attached to the newspaper was not properly moved to the living room floor, but did not come to an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (the details of receipt of the report and the situation at the time of dispatch to the site);

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Sentencing does not apply to attempted crimes.

3. Determination of sentence: The crime of this case 2 years after the suspension of 10 months of imprisonment was committed by the defendant, which was committed by his wife D, and was committed by his attempted attempt by his wife D, which could cause human life and property damage to other people who reside in the same building.

This is disadvantageous to the defendant.

The Defendant led to the instant crime, and is against himself.

In addition, the instant crime was committed in an attempted attempt, and the actual damage is not so big that the floor of the living room is destroyed.

The defendant is not in a state in which he was under the influence of alcohol and seems to have committed the crime of this case by contingency. The defendant's wife D wanted to have the defendant's wife.

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