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(영문) 대전지방법원 논산지원 2016.04.12 2015고단748
현주건조물방화예비
Text

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

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

Reasons

Punishment of the crime

The defendant is living together with B and Chungcheongnam-gun C.

1. The Defendant was committing the crimes of springing 2014, following the Defendant’s house located in the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-nam, Chungcheongnam-do around 2014, leaving her mother in the house without any justifiable reason while drunking her mother.

In addition, it tried to spread approximately 20 litress of light oil stored in a warehouse to a ward.

As a result, the defendant was prepared for the purpose of setting fire to and burns a structure used by a person as a residence.

2. On October 15, 2015, the Defendant attempted to spread approximately 20 liters via a storage in a ward, without any justifiable reason, between the Defendant’s home located in Chungcheongnam-gun, Chungcheongnam-gun, the mother, at around 05:00, and the mother, at around October 15, 2015.

As a result, the defendant was prepared for the purpose of setting fire to and burns a structure used by a person as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on site photographs;

1. Articles 175 and 164 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant’s crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation was committed in reserve.

Although the nature of the crime is not weak in that it is one of the dangerous acts that may threaten the safety of the general public, there are no other criminal records except punishment due to a violation of the Road Traffic Act (dacting driving) prior to 11 years, and the defendant's age, environment, and circumstances before and after the crime, etc., the punishment as ordered shall be determined by taking into account all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, environment, and circumstances before and after the crime.

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