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(영문) 청주지방법원 2018.09.14 2018고합119
현주건조물방화미수
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2018, the Defendant, while drinking DNA and alcohol at the Defendant’s residence located in Cheongju-si C and 102 of Cheongju-si on February 17, 2018, had a sense of meeting to commit suicide in a timely manner due to depression that the above D was suffering from scambling, and had a sense of meeting to commit suicide in a timely manner, and scambling in a scam.

It is intended to extinguish the 4th floor building owned by the Korean Housing Corporation by attaching a fire to the second floor of the dog that was in possession.

The reason why the fire can be moved to the dump was reported, and it was done with the wind to extinguish the fire.

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

Summary of Evidence

The defendant's written statement E 112 Report Nos. 112 Report Nos. 112 Report Nos. 112

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

2. Mitigation of attempted punishment: Article 25 (2) and Article 55 (1) 3 of the Criminal Act;

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

4. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. No criminal attempt shall be subject to the sentencing criteria because the sentencing criteria are not set.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of this case was committed by the defendant in his residence by attaching fire to the building in his residence, and the crime of this case is not less complicated in that it can cause a large fire to cause serious damage to the life and body of a large number of people.

Although the Defendant had been under a disposition of suspension of indictment due to the fire of the present building in around 2010, he again committed the instant crime.

However, the fact that the defendant reflects the wrong, and that he gets out of the house to be able to do so.

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