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(영문) 창원지방법원 밀양지원 2013.10.18 2013고합37
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 19:30 on August 15, 2013, the Defendant: (a) at the Defendant’s house located in Syang-si, the Defendant was dissatisfied with the Defendant’s wife D, disregarding the Defendant, and accompanying the other male and female personnel; (b) he stored the clothes of D, which were located in the scood and inside the mouth of the ward, on the floor of the ward, and put a fire by using the scoodter; (c) on the other hand, the Defendant’s son, who was in the house, discovered the scood and moved the scood before the scood.

Thus, the defendant tried to extinguish a structure used as a residence by a person, 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 for reporting internal accidents;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Reasons for sentencing [the range of applicable sentencing guidelines] under Article 62(1) of the Criminal Act (recognisive to the reasons for sentencing) of the suspended sentence [the range of applicable sentences under law] - 1 year and 6 months - 15 years : the scope of recommending special mitigation factors (in a case where punishment is not imposed and actual damage is minor): Imprisonment with prison labor for one year and six months - three years (in a case where punishment is not imposed and actual damage is minor): the crime of this case is attempted to extinguish the house by attaching it to the victim's wife and setting it to the victim's wife, and the nature of the crime is bad; the act of fire of this case is very dangerous as a serious crime detrimental to public safety and peace; the defendant does not go against the investigation by the police after the crime of this case and threatens the victim and again threatens the property; and the defendant later makes the confession of the crime of this case more favorable to the defendant; and the defendant should be considered at latest and late.

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