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(영문) 제주지방법원 2014.07.17 2014고합72
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

Criminal facts

On May 3, 2014, the Defendant, on May 3, 2014, sent alcohol to “F dan” operated by the first floor E of the main complex building underground in which D, etc. used as a residence at the 3 and 4th floor in Jeju-si, Jeju-si, and demanded E to complete business hours, and there was a fact that E was returned to Korea by a police officer dispatched after receiving a report by E, who was sent by the said dan’s failure.

At around 07:00 on the same day, the Defendant returned to the Defendant’s residence, and again returned to the Defendant’s residence with the knowledge that some of the keys to the residence and the money on the wall have disappearedd, but the above singke bar entrance was temporarily set off, and E was not possible.

Therefore, the Defendant, in his hand, set up a warehouse door and set up the entrance, and laid down the storage door, and laid down the guns of the cremation paper in possession of the front place due to the mobile gas accident in which he had been located, and installed a cigarette on the guns of the cremation paper by using a disposable gas camera, and caused a fire around the front place to spread, and fire was destroyed by a gas disaster, warehouse, and underground storage 7 square meters of the market price, such as a sound damage, but was fired by a fire officer dispatched after receiving a report prior to a fire.

Thus, although the defendant tried to destroy a structure used as a residence by D, he did not bring about such intent but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Records of seizure and the list of seizure;

1. A report on the occurrence of a disaster and a criminal investigation report;

1. Response to matters requested for cooperation in investigation;

1. Application of Acts and subordinate statutes to field photographs, suspect's body photographs, and seized articles and photographs;

1. Article 174 of the relevant Act concerning the facts constituting an offense and Articles 174 and 164 (1) of the multiple-choice Act;

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

3. The sentencing under Article 62(1) of the Act on the Suspension of Execution.

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