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(영문) 춘천지방법원 2017.07.21 2017고합51
일반건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

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 around 19:30 on February 2, 2017 to the same month.

3. From around 09:10, the victim D’s “E” operated by the victim D located on the third floor of the Switzerland-si building located in the Switzerland-si, the glass entrance was worn out by the ELP gas tank, and then intruded into the ELP, and then he stored into one of the Jeju-si gas pumps, and attempted to store a fire with a fire. However, the purport was not achieved due to natural extinguishment, and it was not attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the results of field identification;

1. Transmission of the results of searching the database of genetic identity verification information, inquiry report on convict DNA personal information, appraisal report, and notification of the results of appraisal;

1. Application of Acts and subordinate statutes to field photographs and fire prevention field photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 174, 166 (1) (the occupation of attempted general buildings and fire prevention) of the Criminal Act, and Article 319 (1) of the Criminal Act (the occupation of intrusion upon buildings, and the choice of imprisonment with prison labor);

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act (limited to the attempts to prevent a general building or structure) to be mitigated;

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 suspended execution;

1. Article 62-2 of the Criminal Act to attend a lecture [Article 62-2 of the Criminal Act to confiscate a child seized (Evidence No. 1) by a public prosecutor, but the above mother is merely a mother and child used by the defendant at the time of committing the crime, and it cannot be deemed that the child was provided or intended to be provided for the crime of this case, and thus, it shall not be confiscated;

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 18 years; and

2. The sentencing criteria shall not apply;

(a) The attempt to prevent general buildings and fire: since they are exemplary, the sentencing criteria do not apply; and

(b) Crimes of intrusion on structures: Not setting the sentencing criteria; and

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and the fire-prevention of this case, even though they were attempted, if gas leakage explosions, it is a crime that could cause enormous damage.

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