(영문) 인천지방법원 2015.05.28 2014고합863

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(영문) 인천지방법원 2015.05.28 2014고합863

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between C and B.

On July 19, 2014, around 01:20, the Defendant: (a) returned home of the Defendant of Gyeyang-gu Incheon Metropolitan City D apartment 5 Dong 208, the Defendant agreed to drink at C and C; (b) went home late to drink, and (c) subsequently, C was able to drink “Ilen Illand,” and C was able to drive the horse with a stop located in the ward, she was able to move the horse to the bed, she was on the floor of the room, and she was able to move to the bed, she was able to move to the bed in the bed, with a stop, while coming to the bed, and turned to the bed, and she was tryed to drive the house by attaching it to the gas pumps, but she was trying to drive the house by attaching it to the bed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the site of the case and seized articles

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant, as well as the suspension of the sentence, destroyed the apartment owned by the Defendant by setting fire to the stity pumps and attempted to commit an attempted crime. The fire prevention against the apartment house is a highly dangerous crime that may cause serious harm to the lives and property of the large number of people.

Therefore, there is a need for strict punishment corresponding to the defendant's liability.

However, the defendant himself.

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