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(영문) 의정부지방법원 2021.01.15 2020고합304
현주건조물방화미수
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

The defendant is a person who resides together with the victim C (V, 82 years of age) and the victim D (V, 25 years of age) who is a parent-child in Scheon-gun B.

On April 19, 2020, the Defendant had been drunkly in the above Defendant’s home on April 19, 2020, with a view to burning fire by setting fire to the house, while being in a dispute with laca with laca while drinking at the above Defendant’s home, and “if the penalty does not contain an oral speech, it would be argue.”

It shows that it is possible to kill the house by putting fire into the house.

Then, the Defendant’s cremation site was spreaded on the Defendant’s fence, and the Defendant’s home frame was put in a stop and fence with a single-use door, but the victim D discovered this and sprinked water.

Thus, the defendant tried to destroy a structure used as a residence by a person, but did not achieve that purpose, but did not commit an attempted crime.

Summary of Evidence

1. Written statements prepared by the defendant at his/her court, records of seizure and list of seizure;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The sentencing criteria are not applicable because the scope of the recommended punishment is not yet applicable on the sentencing criteria.

3. Determination of sentence: Two years of imprisonment (three years of suspended sentence);

A. The circumstances unfavorable to the defendant are as follows:

Fire-fighting crimes are often likely to cause damage not only to infringe an individual's property but also to cause unpredictable physical property of the general public, and also to cause uneasiness and fear to the general public.

In particular, the crime of this case is committed by the defendant C and D.

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