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(영문) 서울북부지방법원 2017.09.08 2017고합241
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, his parents, due to the debt incurred in the process of purchasing the Seoul Central Government Loans No. 402, became a dispute, and the Defendant had a good appraisal on the above loan building.

At around 06:10 on April 24, 2017, the Defendant, while drunkly drinking, she saw the front of the Ba, put the front of the Bara in the front of the Bara, put a fire into the front door by using the Rara, and tried to extinguish the fla by setting the flab by setting the flab on the front door by setting the fire by putting the flabdle to the upper end of the flab, but she was extinguishing the flab by using the fire extinguisher on the flab, which was on the 3rd floor of the flab in the flab.

Accordingly, the defendant did not commit an attempted crime of setting fire to and from a structure used as a residence by a person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on investigation (Attachment, such as site photographs);

1. On-site reports on results of field identification and genetic assessment reports;

1. Application of each existing statute referred to in subparagraphs 1, 2, and 3, of seized evidence;

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 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (The following favorable circumstances shall be considered among the reasons for sentencing);

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

1. Determination as to the defense counsel’s assertion under Article 48(1)1 of the Criminal Act of confiscation

1. The Defendant, at the time of committing the instant crime, was under the influence of alcohol and had no or weak ability to discern things or make decisions.

2. According to the evidence duly adopted and examined by this court, the facts under the influence of alcohol may be acknowledged at the time of committing the crime as indicated in the judgment by the defendant, but it is difficult to find that such facts led to the state where the ability to discern things or make decisions is weak.

Therefore, defense counsel's assertion.

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