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(영문) 의정부지방법원 2018.06.21 2018고합111
현주건조물방화미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

According to the indictment around 07:00 on November 22, 2017, the Defendant entered the time of crime in around 01:30. According to evidence, the Defendant’s view is 07:00 and the time of crime is confirmed at around 07:00, which is the place of crime, and thus, the Defendant’s time of crime is corrected.

Even if such correction is made, there is disadvantage in exercising the defendant's right to defense.

It does not seem that it does not appear.

In the launcing room of the 7th floor convalescent hospital in the Dongducheon-si, in the launcing room of the 7th floor in the instant building without any particular reason, the Defendant was fluor who was in possession of the Defendant, and was placed with an abnormal stringer in the above laun. However, the laun attached to the above laune did not move the laune to the said laune room, and did not go to the wind promoted by D by the employees of the above convalescent hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by E, D, and F;

1. Legal and chemical appraisers;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (related to the verification ofCCTV) and a report on investigation (to listen to a statement by a wooden phone);

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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

2. An attempted criminal is not subject to the sentencing criteria;

3. Determination of sentence: The sentence shall be determined in the same manner as the order is, comprehensively taking into account the following conditions of sentencing, such as imprisonment with prison labor for a year and six months, suspension of execution of three years, the age, sex, environment, motive and circumstances of the crime, method of the crime, and the circumstances after the crime;

[Unfavorable circumstances] The crime of this case, which is the case where the patient lives in a convalescent hospital, may lead to large fire fighters.

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