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(영문) 부산지방법원 2018.11.23 2018고합416
현주건조물방화미수
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, whose father was in his own building in the Kug-gu B, Busan

C. At the time of being in office as an auditor of C. A. A. B. had a conflict with the above C. C. C., who was dissatisfied with the suicide, and caused the fire by setting fire to the said building. A around 21:51 on August 13, 2018, around 21:51, a building of 21:2 underground and 9 floors above the ground, which was installed in a parking lot, restaurant, marina, swimming pool, box, box, convalescent hospital, etc., and around 292 users entered the said 3rd female sloping room in the said building, where the said 292 users were in possession of the said 3rd female sloping room in the said 3rd female sloping room, attached a fire to the said 1231 unit, and continuously carried out the said 1 unit by attaching fire to the said head of the said 1 unit, but attempted to carry out the said building, but failed to break out the said building.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. Each investigation report (including attached materials in the table of evidence Nos. 4, 6, 7, 12, 14 through 18, 21);

1. A report on the occurrence of a fire;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommended sentences: The sentencing criteria shall not apply because they are minor offenders.

3. The Defendant, who was sentenced to a sentence, tried to prevent a fire by inserting a 300 person who has a large number of goods in a female letter or a sloping room of a building in which such person exists and attaching a fire.

There was an attempted attempt.

(b) the occurrence of a fire;

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