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(영문) 광주지방법원 목포지원 2014.08.21 2014고합91
현주건조물방화미수
Text

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

except that 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

At around 22:00 on March 14, 2014, the Defendant: (a) claimed the Defendant’s house from 105, 206, Simpo C Apartment 105, 206, to provide clothes on the floor of the living room; (b) attached later with fire in the place of cremation; and (c) put them into the clothes by using the later.

그 후 피고인은 옷에 불이 붙어 연기가 나기 시작하자 겁이 나 물을 부어 불을 껐다.

Thus, the defendant tried to extinguish a structure used as a residence by a person, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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 choice of punishment;

1. Articles 25 (2) and 55 (2) 3 of the Criminal Act for statutory mitigation;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Determination of sentence: The crime of this case committed for a period of two years under the suspension of the execution of one year and six months by imprisonment is heavier in view of the fact that the defendant satisfyed with his living woman and then satisfyed with his caric in the caric book, and the crime of this case was very dangerous, which would have been likely to lead to a large damage if not immediately satisfy

However, considering favorable circumstances, such as the fact that the defendant recognizes his mistake and reflects, the fact that the fire was immediately extinguishing, and the actual damage was almost rare, the defendant's age, environment, character and conduct, the circumstances of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the sentencing factors specified in the arguments in this case, such as the defendant's age, environment, character and conduct, the circumstances after the crime

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