logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2020.06.18 2020고합26
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 December 27, 2019, at around 14:20 on December 27, 2019, the Defendant: (a) took a bath view that wife would not create food he wishes; (b) put them into the warehouse (1.5 liter capacity) and put them into the cremation site; (c) put them into the cremation site; and (d) put them into the cremation site and the newspaper site; and (d) put them into the cremation site and the newspaper site on a single-use thrower, respectively, after receiving a report of 112 reported by C, and sent to the police officer after receiving a report of 112 reported by C, destroyed the newspaper site and cremation site.

Thus, the defendant tried to extinguish a fire to a building in which people reside, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of D or C;

1. A report on occurrence, internal investigation report, and each investigation report;

1. Matters concerning family standards for residents' inquiry and householder;

1. Application of statutes on site photographs of the case

1. Relevant Article 174 of the Criminal Act concerning the facts constituting an offense, Article 174 of the Election of Criminal Act, and Article 164 (1) of the Criminal Act;

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

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Not applying the sentencing criteria: An attempted offender is not subject to the sentencing criteria.

3. The Defendant, who was sentenced to a sentence, failed to commit the crime in his or her residence, and such fire-prevention crime is likely to cause serious damage to the life and property of the brut people. Therefore, the Defendant’s criminal liability is not weak.

However, the defendant recognized the crime of this case and is against the defendant, the defendant seems to have committed the crime of this case in a contingent manner, and the crime of this case is identical to the defendant.

arrow