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(영문) 대구지방법원 포항지원 2018.07.19 2018고합42
일반자동차방화미수
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 15, 2018, the Defendant: (a) under the influence of alcohol in front of the victim D’s home, parked in the south-gu CF-99 at the port on April 15, 2018; (b) attached a newspaper left around the surrounding area in order to stop the victim’s E-V car owned by the victim; and (c) did not commit an attempted crime on the wind that had been left on the troke of the said vehicle, but has not been moved to a e-mail between the latter and the troke of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a crime (the attempted crime of fire to general buildings), a report on internal investigation (Attachment to field photographs), a report on investigation (Attachment to photographs, etc. of CCTV recording data in the context of a crime), an investigation report (Attachment to photographs of CCTV recording data prior to committing a crime);

1. Application of the 112 Reporting Report, the list of the cases reported, photographs, field identification results, one CD of CCTV recording data for the crime scene, seven copies of CCTV recording data for the crime scene, seven copies of photograph of CCTV recording data for the crime scene, and nine copies of photograph of CCTV recording data for the suspect moving routes prior to the crime;

1. Articles 174 and 166 (1) of the Criminal Act relating to the facts constituting an offense;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for six months - seven years and six months;

2. The sentencing criteria are not applicable because the scope of the recommended punishment is not yet applicable on the sentencing criteria.

2. Circumstances unfavorable to the decision of sentence: The crime of this case is committed by the defendant at the night without any specific reason, and is committed by attempted fire by setting fire to the victim's automobile parked in a house without any specific reason, and the crime of this case is not committed in light of the motive or circumstance of the crime.

The defendant could lead to a large fire if he was moved to the building of the next house.

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