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(영문) 수원지방법원 성남지원 2014.12.04 2014고합278
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the defendant shall be sentenced to imprisonment for two years from the date of this decision.

Reasons

Criminal facts

On July 3, 2014, the Defendant: (a) around 16:00, at the house of Manam City C and multi-household 201, destroyed the structure of the first floor and the fourth floor above the ground, which the five households including D including D used as dwelling by attaching a fire to the cremation site in the room, while the Defendant said that “the same dead person” was in the process of drinking D with D, on the ground that the Defendant was fluoring around the surrounding women; and (b) the Defendant tried to extinguish the structure of the fourth floor above the ground.

However, a police officer who was dispatched to the site after receiving a report from a neighbor, was not able to bring the fire to the wind, but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement concerning D;

1. Application of Acts and subordinate statutes in which a report of investigation is entered;

1. Article 174 and Article 164 (1) of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Determination of Punishment] The general criteria for the crime of fire prevention [Special Convicts] - Fire prevention such as the suspendment of the main building, etc. [The scope of punishment for mitigations] / [the scope of punishment for mitigations] [one and half years from June to three years] mitigation area (the general person] [the criteria for suspension of execution] - The main reasons for suspension of execution [the basis for pride] - The main reasons for suspension of execution - The general reasons for mitigation and other reasons for prevention of the spread of damage, and for reasons that there are no criminal records beyond a grace period, which have led to efforts to prevent the spread of damage. It is so decided as per the disposition above.

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