logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.11.30 2018고합253
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 4, 2018, the Defendant: (a) around 04:40, Namyang-si, C Apartment-si, 101 Dong 408, and the Defendant and his children (hereinafter referred to as 101 Dong 408) thought that they want to die due to depression, etc. using a house with a mind that they want to die; (b) put them into a bruter and put them into a bruter, but upon receiving a report, they were called out by the 119 fire-fighting crew members.

Thus, the defendant tried to commit an attempted crime by setting fire to a building used by a person as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the occurrence of a fire, reporting on the results of field identification, and the application of a reply to a request for appraisal;

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 consideration of favorable circumstances among the grounds for sentencing);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing has been repeated for a favorable reason);

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Exclusion of the sentencing criteria: The sentencing criteria are not set for the attempts to prevent the present residential building or fire; and

3. Determination of sentence: 1 year and six months of imprisonment, and 3 years of suspended execution, the Defendant, on the ground that he wishes to die, at his own residential place, was sacrifeed by a multi-use room which is laundrying the laund oil, and then put the lab into a lab.

The height of knee, most of the knee, fireed, and substantial parts of the multi-use room were sneeed.

Although D sought to extinguish it, it was reported to 119 as it was impossible to extinguish it by itself, and thereafter, it was extinguishing by fire officers.

Since the dwelling of the defendant was an apartment in which many residents reside, if the dwelling of the defendant is greater, there seems to be considerable damage to property and human life.

These circumstances are disadvantageous to the defendant.

arrow