logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.04.26 2018고합26
현존건조물방화미수
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

On January 14, 2018, around 00:15, the Defendant, within the “Esing room” operated by the victim D with the victim D with the 1st underground floor in Daegu Seo-gu C, Daegu-gu, Seoul-gu, 2018, drinked alcohol due to the drinking value problem, and got married after having the her head from the her natives who was at the end of the dispute.

Since then, while the defendant refused the victim's request for calculation of the drinking value, the police officer who arrived at the scene after receiving the victim's report did not contact the victim's scam with the defendant's cell phone to explain the situation by using the defendant's cell phone, explain the situation to the defendant, and recommend the defendant to return home to the defendant after sending the drinking value.

Then, when a police officer or a business owner coming out of the outside, and left the same in the above 3 heading room, it was destroyed by a softening the soften, and "I am "I am out of the middle, but the sound was not achieved by the wind that the victim has heard."

Accordingly, the defendant tried to set fire to the singing room, which is a building in which people exist, such as singing room business operators, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. All on-site photographs;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. Article 62-2 (1) of the Criminal Act on the community service order;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to September, up to seven years and up to June;

2. The sentencing criteria shall not apply because the scope of the recommended punishment according to the sentencing criteria is minor.

3. Determination of sentence: One year, by imprisonment;

arrow