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(영문) 부산지방법원 2015.04.03 2015고합1
현존건조물방화미수
Text

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

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, 2014, the Defendant, who was dissatisfied with the victim C (the age of 40), was dissatisfied with the Defendant’s non-teling of the phone. On December 16, 2014, the Defendant: (a) 1st floor underground of the building (the underground 1st floor and the ground 3rd floor) located in Busan-gu, Busan-gu, requesting the victim to change the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her

around that time, the Defendant purchased 1.8 L of gasoline from the said singing practice room at G gas station located in the same Gu F, approximately 350 meters away from the said singing practice room. At around 21:15 on the same day, the Defendant, at around 21:15, sold the said gasoline to the stairs installed at the entrance of the said singing practice room with a single-use stop, which had been in possession of the said gasoline, and had it spread to the stairs depending on the said gasoline. However, by the fire officer dispatched after receiving the report of 119, the Defendant got out part of the wall, ceiling, and entrance of the amount of KRW 1 million at the market price.

As a result, the Defendant tried to fire the above-mentioned singing practice room in which the victim had been living, but did not bring about such intent and attempted.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement regarding C;

1. Application of on-site inspection reports, fire site inspection reports, and Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Determination of the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Act of probation and community service order, and the defendant and defense counsel are under the influence of the defendant at the time of committing the crime.

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