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(영문) 전주지방법원 군산지원 2016.09.22 2015고합73
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant, who was a pet

C had his mind on the ground of avoiding himself, such as not receiving a telephone, and had his mind in C’s house on the ground of avoiding himself.

On June 18, 2015, around 16:12, 2015, the Defendant used a log prepared in front of the house of 101, 1306, Da apartment house D, 101, 1306, and attached a fire to the paper, and put it into the door door through the window opened with the paper door, and put it into the door door installed on the window.

In such a way, the Defendant tried to fire the above apartment house used as a residence by C, etc., but did not commit an attempted crime with the wind no longer spread, which was attached to the pressing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of reports on internal investigation (related Acts and subordinate statutes, such as counter investigation, such as a management office, and partial verification of field CCTVs);

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 is not applicable because the sentencing sentencing is not determined.

The crime of this case, one year of imprisonment and two years of suspended execution, is committed by the attempted attempt of the defendant to extinguish fire to the building in which the person lives, and the fire prevention of the present main building is likely to cause serious damage to the lives and property of the large number of people, and the responsibility of the defendant for the crime of this case is not easy.

However, the defendant does not have any particular damage except for those damaged by a part of the windows, and the defendant has no criminal record of the same kind.

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