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(영문) 대전지방법원 천안지원 2020.04.29 2019고합243
현주건조물방화미수
Text

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

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On October 24, 2019, the Defendant, around 22:30 on October 24, 2019, posted a bubbb, which had been kept in front of the front of the front of the front, while the Defendant, at the Asan City building B, the husband of the Defendant, and at the C, D, who was the husband, paid a sib in Gangwon-do, with the amount of money equivalent to the sib rate, and caused a fire by using a shower, which had been kept in front of the front of the front.

Accordingly, the defendant attempted to commit a fire to a building used by a person as a residence, and attempted to commit it.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on the inspection of the occurrence of the case, a report on internal investigation (including a report on the results of field inspection, and a report on the results of field inspection);

1. Application of the Acts and subordinate statutes of seizure records, list of seizure and evidence;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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. 몰수 형법 제48조 제1항 제1호 피고인과 변호인의 주장에 관한 판단 피고인과 변호인은 배우자와 택시비 지불 문제로 말다툼을 하던 중 순간적으로 화가나 배우자가 보관하고 있던 일천원권 지폐를 모아 놓고 불을 붙인 것이고, 불이 나자 곧바로 불을 껐으므로, 현주건조물방화의 고의가 없고, 중지미수에 해당한다고 주장한다.

In order to establish the crime of fire-prevention against a suspender building, it is necessary to commit an intentional act with respect to the use of a fire for a residence or setting fire to a building in which people are present, but such intentional act is not required to be planned or finalized, but it is possible or dangerous to cause such result by its own act.

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