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(영문) 서울중앙지방법원 2017.04.20 2016고합1307
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 October 29, 2016, at around 04:20, the Defendant, at around 04:20 on October 29, 2016, filed a dispute with the wife D and money at the dwelling space of the Defendant of the 1st underground floor in Dongjak-gu Seoul Metropolitan Government, Seoul, the Defendant: (a) laid off the door door; (b) laid down the door door; and (c) laid down the laundry on the floor with the gas rail; and (d) laid down the door door before the inner door and laid down the laundry; (b) destroyed a building with a person, such as D, to move it to the lab; (c) however, the Defendant attempted to find it and spread water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A dispatch report and a fire site survey report;

1. Application of statutes on field 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. 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. The sentencing criteria shall not apply to a person who has committed a crime for which the reasons for sentencing provided for in Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act for the observation of protection and observation are not applicable.

2. The crime of this case by the sentence of sentence was committed by the Defendant while the Defendant was under the influence of alcohol and tried to cause a serious damage to the life, body, and property of many people. As the case was a multi-family house where several generations reside and at the time, there was a risk of causing serious damage to the life, body, and property of many people.

However, immediately after committing the crime, the defendant reported to 119, the wife was extinguishing early, and the visit and part of the floor of the room did not cause any particular damage except for the coal, and there was no criminal record of the same kind and imprisonment without prison labor or more.

In addition to these circumstances, the age, sex and environment of the defendant, motive and consequence of the crime, and circumstances before and after the crime are committed.

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