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Reasons
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(영문) 제주지방법원 2017.07.13 2017고합70
현주건조물방화미수
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, from January 2017 to Jeju, leased No. 202 from the victim E, and resided in the same village and village, requested the termination of the lease contract to the victim around March 4, 2017 on the ground that fire occurred in the corridor of the studio building in the above studio building and smelling in the room. However, as the Defendant was removed from the above studio until the other tenants enter the studio, there was a good appraisal against the victim.

From April 30, 2017 to around the same day 07:56 to around the same day, the Defendant requested the victim to refund the deposit by leaving the phone from the above Dump 202 during the period from around 07:56 to around 08:19.

L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L., L.

As a result, the Defendant attempted to destroy a studio building owned by E which is used by F, etc. as a residence, but the fire officers dispatched after receiving the F’s report did not have the intent to extinguish a fire, but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Protocols of seizure;

1. Comprehensive report on fire occurrence;

1. Reports on internal investigation (referring to the details of confirmation by police officers dispatched to the scene, etc. / Attachment of reports on results of field identification);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Articles 174 and 164 (1) of the Criminal Act concerning the selection of punishment [Selection of imprisonment with labor with labor for a limited term];

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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