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(영문) 수원지방법원 2014.02.06 2013고합736
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

【Criminal Power】 On March 24, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Creation and Management of Forest Resources Act at the Seoul Northern District Court on March 24, 2009 and completed the execution of the sentence on August 18, 2012.

【Criminal Facts of Crimes】 around October 17:40, 2013, eight households located in Gunposi C, both of which drinked in the Defendant’s house of 302 multi-household dwelling living in Gunposi, with the mind that they would die while drinking her wife.

The Defendant: (a) made the upper part of gas pipes connected to gas bags in a knife with a knife, made them more than once, opened a gas valve so that gas can leak; and (b) was stored in the knife with a knife with a knife with a knife with a knife; and (c) took part of the main wall with a knife with a knife with a knife with a knife, but was

Thus, although the defendant tried to destroy a structure used as a residence by setting fire, he did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. E statements;

1. Records of field photographs;

1. Investigation report (verification of a suspect's 119 report);

1. Previous convictions in judgment: Application of criminal history records, investigation reports (verification of suspect's previous records and date of release) and Acts and subordinate statutes concerning personal identification and confinement status;

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;

2. The sentencing standard is not applicable to an attempted criminal for sentencing under the proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated offenders.

The crime of this case committed by the defendant, using a knife, destroyed a multi-household building by using a knife so that gas can leak in gas pipes and attaching a fire. However, the crime of this case was committed by fireing and attempted to commit the crime. In the event that a new gas is inflammable, serious damage to neighboring life, body, or property that led to a large explosion or that has come to a flife and has come to a flife.

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