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(영문) 전주지방법원 정읍지원 2021.01.13 2020고합18
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2020, the Defendant, at around 02:02, had the Defendant’s wife and the Defendant’s children live in the former Northwest-gun apartment C apartment house located in the Northwest-gun, where the Defendant’s wife requested a divorce against the Defendant, in order to drink alcohol and commit suicide.

The Defendant: (a) placed an butane gas in 119 on the floor of the living room; and (b) placed an butane gas therein;

After the report, the defendant's portable phone was put up on the gas string, but the fire officer sent out had the fire fighting boat to turn out the gas string and put a fire into a kitchen string.

Thus, although the defendant tried to destroy a structure used as a residence by setting fire, he did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A report on internal investigation or investigation report (the first dispatch fire officer's statement or hearing of oral statements by a fire fighterD);

1. 112 Reporting case handling table;

1. Application of statutes on site photographs;

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 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Reasons for sentencing under Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and attendance order;

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The sentencing criteria based on the sentencing criteria do not present the criteria for attempted crimes except for the attempted murder crimes, but are examined as reference to the sentencing criteria for the crime of fire-prevention against the present owner's structure.

[Determination of Types] The General Criteria for Fire-Fighting Crimes [No. 1] The elements for mitigation [Special Sentencing Person] such as the main building, fire-prevention such as the main building, public structure, etc.: In the case of minor damage [the area of recommendation and the scope of recommendation] mitigation area, imprisonment with labor for one year and six months to three years.

3. Determination of sentence;

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