(영문) 제주지방법원 2015.04.23 2014고합252

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(영문) 제주지방법원 2015.04.23 2014고합252

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On November 25, 2014, the Defendant: (a) at one’s house located in Seopopo City C and 607, the Defendant: (b) sent to the Defendant, at the meeting of Seopoposi C and 607, that she was “to throw away,” and (c) sent it out to her wife and she; (d) brought the garbage source in the dwelling room to the gate and put the public charges notice into the garbage tank; and (d) carried the house of the present building, which is the main building, by attaching the fire to the gate, but the police officer and D dispatched to the site upon receiving a report, did not come into a wind to drive water into the garbage tank, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Seizure records;

1. A report on investigation;

1. Application of related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The defendant and his defense counsel asserted that they did not intend to load a house in which the defendant lives, as well as that they did not contain a bage to the wife.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the defendant can be recognized as having set a fire at least by sufficiently recognizing or forecasting the fact that at least a building used as a residence can be destroyed at the time of the crime of this case. Thus, the above assertion by the defendant and his defense counsel is not accepted.

(1) The garbage bags attached by the defendant consists of plastics, and the immediate next side of the garbage bags consisting of trees.

The foregoing garbage gate and the new combustion gate shall be fireed with inflammable materials.

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