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(영문) 대구지방법원 2019.10.18 2019고합316
현주건조물방화미수
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On July 19, 2019, the Defendant was hospitalized in C Hospital located in Daegu-gu Dong-gu B due to depression, labor-management disorder, etc.

On August 20, 2019, around 10:25, the Defendant: (a) attempted to extinguish the hospital by attaching a bend in the bend line in the above C Hospital’s 4th floor line line line room, on the ground that the guardian’s marization was made in the marn line room; (b) however, the Defendant did not have achieved the intent that the hospital employees were on board only a bend line, such as a bend line, 20 mar, and receipt room, where the market price cannot be known on the wind.

As a result, the defendant tried to destroy a structure in which the patient lives, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (including the table of evidence Nos. 2, 3, 4, 6, 13 and each accompanying material);

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. The sentencing guidelines do not apply to an attempted crime of discretionary mitigation, as it is for the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstances among the reasons for sentencing below).

The defendant is recognized as committing a crime and is against the law.

In addition, the instant crime was committed in an attempted attempt, and there was no occurrence of human life damage therefrom.

The defendant is an initial offender with no power to commit a crime, and is aged 19 years of age.

The defendant has a depression and shock disorder.

However, the crime of this case is a serious criminal act that may cause serious damage to the lives and property of a large number of people, and the nature of the crime is not weak.

At the time of the crime of this case, 60 persons were in the fourth floor of the hospital, and the patient could escape from the outside, as it was closed ward, opening the door from the outside, and thus, it was very dangerous.

The defendant's reason is that the guardian becomes cruel to himself.

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