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(영문) 서울남부지방법원 2017.01.26 2016고합632
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 12, 2016, the Defendant: (a) around 22:10 on December 12, 2016, at the 1st floor parking lot, the 28-ro, Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul, 13-17, on a wooden broom located on the floor of the 13-17, installed a fire, and then laid down a incombustible tree broom on a wooden and plastic rubber accumulated before the wall of the parking lot, and then moved it into a wooden and rubber.

Defendant 1 tried to destroy a Ba, which was used by 14 households, including C, as a residence, in the above manner, but was in the above place.

C was attempted by extinguishing fire by using a fire extinguisher, so that it was not achieved.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes concerning investigation reports (on-site inspection);

1. Articles 174 and 164 (1) of the Criminal Act and the choice of imprisonment with prison labor for a limited term concerning the crime;

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)1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Determination of sentence: The instant crime is highly dangerous because the instant crime is likely to cause serious damage to human life or serious property if the two-year suspended sentence of imprisonment was not rapidly extinguishing in the length of three years.

However, the crime of this case was committed in an attempted attempt, and there was no record of the same crime against the defendant.

The above circumstances, the Defendant’s age, sex, environment, motive and background of the crime, and the circumstances after the crime are considered, and the punishment is determined as per the disposition.

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