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(영문) 대구지방법원 2016.09.23 2016고합320
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who had resided in the Gyeong-gu C Studio 202, and the victim D (V, 81) was a person who had resided in the above C Studio 204.

1. Around 09:00 on April 28, 2016, the Defendant assaulted the victim’s body due to drinking and sprinking on the ground that, at the entrance of the stairs of the said C Studio 2ndro, a person who was injured by ordinary studio does not disturb the studio passage, etc. and does not dispose of garbage, and assault the victim by taking out an over-the-counter victim’s body.

2. On April 29, 2016, the Defendant attempted to commit fire to the present owner’s building on the same grounds as the above-mentioned 1, around 04:20 on April 29, 2016, thought the victim’s house, and put him in a newspaper by putting him in front of the victim’s house’s entrance, and put him in a newspaper by rater. However, the Defendant attempted to commit it on the wind, which does not move to the victim’s house’s wall or ceiling.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Ethical letters;

1. On-site report (the current owner's building, attempted crime prevention, and photographs and on-site photographs of the victim's assault) (the defendant and his/her defense counsel asserted that there was no assault against the victim by the defendant, but each of the following circumstances acknowledged according to the above evidence, i.e., ① the victim was consistently abused from the investigative agency to the present court:

In full view of the facts that the victim made a statement, ② there is no special reason for the victim to make a false statement, ③ the fact that the victim's arms and legs are in a hole of the victim's arms and legs can be fully recognized, so the above argument is not acceptable.) the application of the law.

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault, the choice of imprisonment), Articles 174 and 164 (1) of the Criminal Act (the fact of attempted fire-prevention of the present main building, the choice of imprisonment with prison labor) to commit the crime;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act (limited to the attempts to prevent the present main building) to be mitigated;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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