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(영문) 서울남부지방법원 2014.06.26 2014고합131
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 21, 2013, the Defendant worked in D, operated by C, for one month, but did not receive wages of 1.2 million won, and accordingly, it was difficult to live in a way to keep monthly rent.

On March 21, 2014, the Defendant sent to a human resources office to seek a daily distance, but failed to seek a daily distance, and even after finding the victim's factory, the Defendant was able to ask the victim for a telephone, but the victim was unable to receive money by not receiving a telephone.

At around 14:30 of the same day, the Defendant, while recognizing that the storage door of the above factory may be moved to the above factory after the order, put a fire to the factory, was put to a fire through a disposable log which was held in possession of a 30 cm m of each 30 cm off from the page by taking away any paint and sweet which were kept in the factory.

In addition, the Defendant cited the paint and threatened the fire officers with the word “I tell the fire unless the president is left.”

However, after receiving 112 report, the Defendant attempted to have a fire officer called out on the wind that he had access to the Defendant, covered the Defendant, and sponsed the Defendant, and sponsed the fire.

Accordingly, the defendant tried to fire one factory that is not known of the market price owned by the victim, which is part of the victim's residence, but attempted to commit the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure, list of seized articles, and photographs of seized articles;

1. Images at the time of the case of photographing a high fire engine;

1. Application of Acts and subordinate statutes to the site photographs of the case;

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

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. The sentencing under Article 62(1) of the Criminal Act is as follows.

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