logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.01.29 2020고합535
일반자동차방화미수
Text

A defendant shall be punished by imprisonment for one year.

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.

3...

Reasons

Punishment of the crime

On June 20, 2020, the Defendant left the phone to the “C” located in Busan Jin-gu, Busan, and oiled with a light equivalent to 160,000 won at the market price used in the boiler installed in the Defendant’s residence. From July 2020, the heating of the Defendant’s residence was replaced by urban gas methods. The Defendant requested the return of oil on the side of the said “C” but was able to fire only KRW 100,000, after deducting personnel expenses, on the ground that he returned only KRW 100,000, which was operated in the “C” from around that time.

On November 20, 2020: (a) around 23:15, the Defendant was parked in the above “C” parking lot owned by the victim D (son, 69 years old) and attempted to attach a gas fluor, which was prepared in advance, to the above tank valve containing approximately 200 L, such as oil oil, but did not put oil into the floor; (b) opened a lid lid of the above valve without fluoring the oil; (c) laid down the ready fluor on the floor; (d) laid down the front fluor with the gas fluor; (e) laid down the front fluor with the gas fluor; but (e) failed to move to the body of the said vehicle.

Summary of Evidence

1. On-site reports and on the occurrence of seizure records of police statements made by the defendant against D in his/her legal statement, reports on the occurrence of seizure list (the attempted crime of fire to general buildings), investigation reports, investigation reports (as to attaching CCTV photographs and images to a suspect), investigation reports (as to the circumstances of seizure of land, butane gas and clothing used by the defendant), reports on results of field identification and on-site photographs, and application of statutes on site photographs;

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

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 suspended execution;

1. Protective observation and 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. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria: The sentencing criteria shall apply to the offenses.

arrow