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(영문) 수원지방법원성남지원 2020.10.15 2020고합210
일반건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

1. On December 1, 2019, at around 07:14, the Defendant, while under the influence of alcohol, tried to burns the front corridor of the said stairs by attaching fire to a stringer, which was in possession of the string box at the entrance of the second floor “D” from the emergency stairs in front of the entrance of the said building, under the influence of alcohol, when the victim C was administered by the victim C at Suwon-si, Suwon-si, Suwon-si. However, the Defendant did not intend to commit an attempted crime, even if the string of the string, which was in possession of the string box.

2. On December 1, 2019, at around 07:16, the Defendant continued to run the victim E on the 3th floor of the building, such as Paragraph (1) and Paragraph (1) of the same Article, and attached a string with a string in front of an entertainment tavern, “F” in front of an amusement tavern, which was in front of an emergency exit, to a box, and tried to put the boxes with the aforesaid strings into a string box in the gap of the F entertainment tavern, and destroyed the string box, but the string was not carried out with the wind that the strings do not turn out only a box, but failed to

Summary of Evidence

1. Application of the Act and subordinate statutes on the Handling of Reporting Cases E in the legal statement of the defendant, investigation report (on-site investigation and CCTV investigation), field photographs, and 112;

1. Article 174 of the Criminal Act and Article 166 (1) of the Criminal Act concerning the facts constituting the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the crime of attempted fire-prevention of a victim E, who is heavier than the punishment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under Acts: Imprisonment for a year to June 22; and

2. An attempted criminal who is not subject to the sentencing criteria, and thus the sentencing criteria are not applicable.

3. Determination of sentence - The crime of this case is committed by a defendant who, under the influence of alcohol, burns the two places of his store and tried to commit an attempted crime, and the nature of the crime is inferior in light of the circumstances and risk of the crime - the defendant was committed on the other hand during the suspension of execution, while the crime was committed on the other hand.

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