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(영문) 대구지방법원 서부지원 2017.11.23 2017고합138
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 May 19, 2017, around 22:10, the Defendant 102-dong 102-dong 609, his residence in Daegu-gu, Daegu-gu, and on the ground that the Defendant’s wife, in the husband’s fighting, went out of the Defendant’s horse without hearing the Defendant’s horse, the Defendant her wife went out of the said residence.

Defendant 1 moved to a part of the plate (40 cm in width, 50 cm in length) which was linked to the clothing and the floor of the living room by putting a large number of logs and titts which had been in possession of in advance at the living room above the above dwelling space. However, it did not come to the wind that the wife of Defendant 1 returned home was discovered and the body of Defendant 1 was sprinked with water.

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. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the police seizure protocol and the statutes on the list of seizure;

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 62 (1) of the Criminal Act on the stay of execution (The following favorable sentencing grounds shall be considered):

1. The community service order under Article 62-2 of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria is a single crime: the sentencing criteria is not applicable. 3. The crime of this case, which was decided on March 1, 2008, tried to burns an apartment by setting fire on the ground of the wife and the husband and wife fighting, but was committed as an attempted crime, and the quality of the crime is not good by causing considerable risk to the life and property of the people living in the apartment, and the crime is also hot.

However, it is different from the fact that the current state building fire prevention crime is committed in attempted crimes, the fact that the defendant acknowledges the crime and reflects the mistake, and the fine is punished twice.

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