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(영문) 인천지방법원 부천지원 2014.07.04 2014고합82
현주건조물방화미수
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

On April 1, 2014, at around 22:59, the Defendant: (a) used e-loan 5 dong stairs in which the victim D, who is in Silung City, resides, with a stringer, without any justifiable reason, in drinking, to put the clothes, television, and new shoes, etc. stored in the third floor stairs; (b) caused the 4th rooftop to be put on the cover of the exchange equipment, which was used for public use in the above Ba in the above manner; (c) however, the Defendant turned out before the police officer and the victim dispatched the building.

Thus, the defendant tried to fire a structure used as a residence by setting fire, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to fire-prevention field photographs;

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

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

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

1. The sentencing guidelines do not apply to the crimes of the present owner's building and the attempted crime of arson for the reason of sentencing under Article 48(1)1 of the Criminal Act.

1. The scope of applicable sentences: Imprisonment for nine months to seven years;

2. Determination of sentence: One year of imprisonment with prison labor, and two years of suspended sentence, the crime of this case committed by the Defendant is intended to fire multi-household houses in which many households live. Considering the fact that there was a risk of serious damage to life and property if the Defendant did not immediately extinguish as soon as possible by the victim, etc., the Defendant’s liability cannot be deemed to be light.

However, there is no previous difference between the defendant and the defendant, which appears to have led to the crime of this case by drinking, the defendant confessions the crime of this case and reflects his depth, and he attempted to commit the crime.

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