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(영문) 춘천지방법원속초지원 2020.09.24 2020고합14
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

【Criminal Power】 On November 24, 2016, the Defendant was sentenced to a maximum of two years and six months of imprisonment with prison labor for special larceny, etc., in the wooden Branch of the Gwangju District Court, and a short of two years of imprisonment with prison labor on December 16, 2018, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory.

(1) On May 17, 2020, the Defendant: (a) around 00:0 on May 17, 2020, at the Domo Eel room operated by the victim C, which was located in Gangwon-si, Gangwon-si, for the purpose of committing suicide with a new disease due to a debt; and (b) laid off three folds of the table installed in the above guest room; (c) sticking the cremation into the boom and the floor board by attaching a fire to the bucker and the floor board by using a disposable tool; (d) however, the victim reported by the resident of the Fho Lake, who was reported by the resident of the said guest room, brought the water into aground, thereby destroying part of the bur and the room without spreading the entire room.

Accordingly, the defendant tried to extinguish the existing building by putting the victim and many unspecified customers to fire, but did not commit the attempted crime.

Summary of Evidence

1. Investigation report (Attachment of On-site identification reports, on-site photographs, etc.), on-site identification reports, and on-site photographs of the defendant C's legal statement;

1. Previous records of judgment: Criminal records, etc., investigation reports (verification of the period of repeated crime and records of forwarding the same juvenile protection cases), judgment and application of Acts and subordinate statutes to the status of confinement of individuals;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Imprisonment with prison labor for September through July;

2. An attempted criminal who is not subject to the sentencing criteria, and thus the sentencing criteria are not applicable.

3. This case shall be a fire-prevention crime.

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