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(영문) 인천지방법원 2016.09.28 2016고합552
현주건조물방화미수
Text

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

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

Reasons

Punishment of the crime

1. On August 1, 2016, the Defendant committed a crime on August 1, 2016, around 00:30, at the residence of the Defendant and the Defendant’s husband, and children living together with the Defendant in Nam-gu, Incheon, Nam-gu, for the reason that the Defendant’s husband and her husband want to get divorced from the husband among the Defendant’s husband and her children in the living room, and subsequently, the Defendant used the Defendant’s house used as a residence and tried to extinguish the house used by the Defendant and her family as a residence. However, the Defendant attempted to have the house destroyed by the Defendant and her family by putting the fire on the small door board with the fire added, but she attempted to have the house used as a residence. However, the Defendant attempted to have the wind that does not spread around the place.

2. On August 5, 2016, the Defendant committed a crime on August 5, 2016, at around 21:30, around August 21, 2016, the Defendant tried to burns a house used by the Defendant and his family as a residence by attaching a stop and a paper to a ward, a room, a kitchen, a kitchen, a stop and a paper in front of the entrance, on the ground that he wishes to be divorced by the husband of the Defendant and his family, but he attempted to commit an attempted fire-fighting by the fire-fighting officer dispatched.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation, a report on investigation, a report on the occurrence of a fire, and a report on the results of field inspection;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each limited term of crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the present state building or the attempt to prevent a fire as provided for in paragraph (2) of the said Article, which has a heavier holding of the circumstances);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from June to 22 months;

2. Non-applicable of the sentencing criteria: Non-applicable of the sentencing criteria because they are exemplarys;

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution, each of the crimes in this case shall be the spouse of the defendant;

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