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(영문) 서울중앙지방법원 2017.03.23 2017고합143
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 16, 2016, the Defendant, together with C on December 11:3, 2016, 606 of the officetel buildings in Gangnam-gu Seoul, Seoul, and C and C and Kakakao Stockholm text messages in the outing country, had been able to have the Defendant repaid with his house with his fire attached to the house.

Therefore, it was intended to fire a structure used as a human residence by setting fire to the gas rail on the main gas, and putting gas fire into fire, but it was not intended by the staff of the management office dispatched to the fire fighter, and did not bring the fire to the fire fighter.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Kakao Stockholm messages;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Scope of recommending punishment according to the sentencing criteria: Attempted crimes, and the sentencing criteria shall not apply.

3. The crime of this case committed by the Defendant was committed in an officetel in which many people live, resulting in an attempted attempt by the Defendant, and may lead to a significant loss of human life or serious property damage.

In light of such risk, the responsibility of the accused for the crime is not easy.

However, the damage actually occurred due to the attempted crime of this case is minor, and the defendant is suffering from depression and fluence, and he seems to have committed the crime of this case in a contingent manner in the course of a dispute with a person living together with the person living together.

B. A child has no record of the same crime against the defendant, and the defendant is led to confession.

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