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(영문) 수원지방법원 안산지원 2018.04.06 2018고합14
현주건조물방화미수
Text

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

Reasons

Punishment of the crime

On May 26, 2006, the Defendant was sentenced to 10 years of imprisonment with prison labor for the crime of death or injury resulting from fire to a structure existing in the District Court, and on March 1, 2016, the Defendant was sentenced to Cheongju Women’s Prison.

1. On December 19, 2017, the Defendant: (a) was in a room using a bruter, who was in his/her possession with his/her son C and 104 place of residence in Ansan-si on December 19, 2017, after drinking his/her son and drinking with his/her son and remaining in a mixed room; and (b) was in a room.

D The market price of the ownership was 1.60,000 won, but the fire officers and police officers dispatched after receiving a report did not achieve the purpose of extinguishing a fire.

2. On December 19, 2017, the Defendant, at the same place as the preceding paragraph at around 06:40 on December 19, 2017, she again put a dog in a fluoring with a view to committing suicide, but the police officer called out upon receiving a report, did not extinguish a fire, and did not realize that purport.

Accordingly, the defendant tried to fire a house which is not owned by D, which is used as a multi-household (13 households) over two occasions, but did not achieve that intention.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, G, and D;

1. The processing table of each 112 reported case, and each field photograph (No. 4,6,10 No. 500)

1. Lease contract;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 21 of the evidence list), and the current status of acceptances by individuals;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning facts constituting an offense (the fact that the present building is attempted to commit fire, and the choice of imprisonment with prison labor for a limited term);

1. Article 35 of the Criminal Act and the proviso to Article 42 of the same Act for aggravated repeated crimes;

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment within the limit provided for in the proviso of Article 42 of the Criminal Act for the attempts to prevent a string building or a fire on December 19, 2017 with heavy circumstances) of the aggravated concurrent crimes;

1. The reasons for sentencing of Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing) are stated, respectively.

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