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(영문) 의정부지방법원 2018.07.12 2018고합46
일반건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the constructor who works in the field of newly-built house C at the same time and D is the E representative who performs the whole of the above construction work.

On January 15, 2018, at around 21:00, the Defendant filed a dispute with D due to delayed payment of wages at the site of the newly-built house C-built house located in the Dongducheoncheon-si, and destroyed the inside heat, external pipes, etc. of the above buildings in amounting to KRW 3,500,000 at the market price, which had been destroyed by the boiler room connected to the boiler room for six consent of the building, but failed to take place before the building, even though the building was destroyed by the inside heat, external pipes, etc. of the above buildings.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to a report on results of field identification;

1. Articles 174 and 166 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the attempts to prevent a general structure or a fire to the first building caused by a fire-prevention act to the right side of the largest criminal situation) [Inasmuch as a fire-prevention act has been committed seven times against the general building with seven consent, it is reasonable to deem that each general building or a fire-prevention act has been established, and that such act is concurrent crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances shall be considered in light of the favorable reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommended sentences according to the sentencing criteria: The sentencing criteria shall not apply since they are minor offenders.

3. The defendant who has made preparations in advance for each pipe of six buildings and one unit of building.

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