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(영문) 창원지방법원 통영지원 2015.05.28 2015고합33
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

Around January 27, 2015, the Defendant was dead for about three years with the victim C (Y, 64 years of age) and had been living in a ward in the same place of residence. At around 18:10 on January 27, 2015, the Defendant attempted to fire the above apartment that had been living in the same place of residence with the victim’s clothes being kept in the house of ordinary citizens, by taking out all of his clothes kept in the house of ordinary citizens, and then setting it out in the ward in the same place of residence. However, the Defendant attempted to fire the above apartment with the victim’s clothes, which had been observed by the victim of the above act, without taking water from the scke in the clothes attached to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of seizure records, list of seizure, on-site photographs and statutes;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning facts constituting an offense (the points of attempted fire-prevention of the present building and the choice of limited imprisonment);

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

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 consideration shall be repeated for the reason of sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture;

1. The scope of punishment by law: Imprisonment for nine months - seven years and six months;

2. Not applying the sentencing criteria: Attempts; and

3. In light of the following facts: (a) a sentence of sentence [public prosecutor’s opinion] one year and six months; (b) a suspended sentence of one year; and (c) a suspended sentence of two years: (a) the crime of this case was committed by the Defendant against the victim who was in a school relationship with the victim; (b) the Defendant was committed by gathering the clothes of the victim to destroy the victim by setting fire; (c) the Defendant’s attempted crime was committed; and (d) the Defendant’s liability for the crime of this case was not easy, as it could cause property loss and human life damage.

(b).

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