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(영문) 수원지방법원 성남지원 2015.10.01 2015고합98
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

Punishment of the crime

The defendant was between the victim C (math, 41 years of age) and the husband.

At around 11:50 on March 14, 2015, the Defendant: (a) expressed a desire to the effect that, on the ground that the victim was staying in a building D in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the Defendant: (b) expressed his desire to the effect that, on the ground that the victim was staying in his house; (c) “I would die and die”; and (d) put the victim’s panty to the panty of the victim, who was being in his house built in the later, and then laid the panty attached to the victim who was in his house.” (d) the victim tried to set the above panty attached to the later with another later, and destroyed the above building residing in the victim, but the victim did not have attempted to do so due to the labing of the above lab with other labs, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Sentencing is not applicable to an attempted crime for sentencing under Article 48(1)1 of the Criminal Act, since it is an attempted crime.

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Determination of sentence: A sentence of imprisonment with prison labor for a year and six months, the circumstance and method of the instant crime for a period of two years suspended execution, etc. are not good, the Defendant’s crime causes serious danger to the life and property of others and public safety, and multiple criminal charges are imposed on the Defendant.

On the other hand, the fact that the defendant recognizes and seriously reflects the crime, and that the crime was committed in the attempted crime, and there was no particular damage.

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