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(영문) 인천지방법원 2014.08.13 2014고합391
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

One set (No. 1) for a time seized shall be confiscated.

Reasons

Punishment of the crime

From April 28, 2014, the Defendant was hospitalized in the hospital room of 502 "D convalescent Hospital" located in the 5th floor of the building in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and was receiving medical treatment.

On June 20, 2014, at around 15:43, the Defendant entered the 5th floor disinfection room of the above hospital, and turned out a laund with a laund with a fire attached to a single laund, which was in possession of a usual laund, but before putting the laund with a laund with a laund with a laund with a laund, the Defendant turned out the laund with a laund with a laund with a laund with a laund with a laund with a fire.

As a result, the defendant tried to extinguish the building of the above hospital by putting about 100 inpatientss, including F, in the existing D convalescent hospital, and setting fire to the above hospital, but did not bring about an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on investigation (a list of evidence Nos 2);

1. Photographs photographs of seized articles, on-site photographs, and CCTV photographs;

1. Application of Acts and subordinate statutes, such as a written confirmation of hospitalization and medical examination and treatment (Evidence Serial 7);

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. The sentencing criteria shall not apply because the crime in the judgment on whether to apply the sentencing criteria was committed was attempted.

3. Determination of sentence: The crime of this case for two years by imprisonment with prison labor is to extinguish the building of the above hospital by attaching a fire to the collection of laundry of the convalescent hospital in which the defendant was hospitalized by using a dog in which he was in possession, and thus, to attempted the crime by discovering and extinguishing the staff of the hospital, and the crime of fire prevention to the existing building is highly likely to cause serious harm to the lives, bodies and property of many and unspecified persons.

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