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(영문) 대구지방법원 서부지원 2014.02.20 2014고합11
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:50 on December 31, 2013, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc.) brought about the victim E (the age of 51) who was drinking together at the D cafeteria located in Daegu-gun-gun Co., Ltd., and brought about damage to the victim’s right-hand buck, which was a deadly weapon (20cm length) in the Defendant’s house located at the Defendant’s house located at the Defendant’s house and caused damage to the victim once, on the ground that the victim E (the age of 51) took a bath to the Defendant.

2. The Defendant is a person who had lived together with the victim F’s house located in Daegu-gun C from October 2013 to November 201, 2013.

On January 7, 2014, the Defendant, while living together with F, was dissatisfied with the Defendant’s complaint, such as humpinginging the Defendant, and on January 7, 2014, around 14:30, at the house of F, was put a fire on the suspension of the use of a horse in which he was in possession of the horse at the house of F and was collected on the floor.

As a result, the Defendant tried to set fire to and burns a structure used by the F as a residence, but was attempted by discovering and extinguishing Mad G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. The police seizure record and the list of seizure;

1. Reports on internal investigation and investigation reports;

1. A medical certificate of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the victim;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the occupation of an injury by carrying a deadly weapon), Articles 174 and 164 (1) of the Criminal Act (the occupation of an attempted crime against the present main building, the occupation of an attempted crime against the deadly weapon, and the choice of a limited term

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Violences, etc. which is heavier than the hostage, as provided for in the Punishment of Violences, etc. Act (aggravated Punishment of Group, Deadly Weapons, etc.)]

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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