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(영문) 광주지방법원 목포지원 2019.07.25 2019고합55
현주건조물방화미수
Text

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

On April 2, 2019, around 10:20, the Defendant was in dispute with friendly job offer D and debt issues within the Defendant’s residence of the multi-household C, which is located in Sinpo City B. B. However, the Defendant continued to put a cremation on the front floor of the entrance and put a fire on the floor of the entrance, and attempted to put the cremation on the floor, and destroyed the Defendant’s residence by putting a fire on the bed. However, the Defendant failed to bring the said D’s intention on the wind that caused the fire on the bed and attempted to commit the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of recommending sentencing criteria: The sentencing criteria shall not apply to an attempted crime.

3. According to the sentence, the Defendant was guilty of having attempted to teach a multi-household house in which he resides, and thereby, could cause danger to neighbors’ life and body.

On the other hand, the circumstances favorable to the defendant include: (a) the fact that the defendant, while making a dispute with D as a matter of obligation, has reached an contingent crime; (b) only part of the cremation paper and a part of the cremation paper have not been spreaded, and the damage has not been spread; (c) the fact that the defendant is recognizing and opposing the mistake; and (d) the fact that the defendant

The above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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