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(영문) 인천지방법원 2020.06.04 2019고합456
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

On May 3, 2019, at around 08:45, the Defendant, at the Defendant’s house located in Jung-gu Incheon Metropolitan City Btel C, tried to extinguish the above building by putting a fire with a fluor, which had been placed in a white fluor with a fluor in the mind that the Defendant would have been under the influence of alcohol while suffering stress due to the dispute between male-gu D and singinginging-out in Incheon, and due to the birth of her birth, etc., but the Defendant attempted to extinguish the building with a fluor’s fire on the wind operated by the singler and attempted to do so.

Accordingly, the defendant tried to fire a building used by a large number of people as a residence, and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1.Report(fire), internal investigation report(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)

2. On-site situations at the time of occurrence;

3. Emergency hospitalization of the suspect,

4. Confession of the suspect, the statement of his opinion, and the attachment of a comprehensive report on fire occurrence.

1. Application of Acts and subordinate statutes to reports on site identification, on-site photographs, and comprehensive reports on fire occurrence;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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 punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Not applying the sentencing criteria: An attempted offender is not subject to the sentencing criteria.

3. In light of the fact that the crime of this case in which the defendant was committed by setting fire to his own place of residence and setting fire the above building and was committed as an attempted crime, which may cause serious damage to the life, body, or property of another person residing in the building, the criminal liability of the defendant is not exceptionally applied.

On the other hand, the defendant recognized the crime of this case and divided his mistake, and the defendant does harm to others.

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