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(영문) 수원지방법원 안산지원 2018.10.12 2018고합250
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

The defendant is a person who purchased D Apartment-si 113 Dong 503, Dong 113.

The Defendant, at around 05:20 on August 15, 2018, performed alcohol at the above Defendant’s house, was infinite due to the customers’ response at the end of the preceding day while drinking alcohol at the above Defendant’s house, and thus, the Defendant did not carry out the said apartment with the intention of a single-use apartment after dusting the stopner on the 113th floor and the 5th floor of the above apartment unit in the stairs he was he was he stored at the same place, but did not carry out the said apartment unit by 119 fire officers who were dispatched to the site upon the residents’ report.

Accordingly, the defendant tried to fire a structure used by a person as a residence.

There was an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A protocol of seizure and a list of seizure;

1. Photographs related to the case and a fire site inspection report;

1. Application of the written estimate statutes;

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The observation of protection and community service order, Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Protection, Observation, etc.;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The sentencing criteria do not apply to the crimes on which the judgment of sentencing has been rendered, since they are minor crimes.

The crime of this case, 1 year and 6 months of imprisonment, 3 years of suspended execution, was committed by the defendant on the ground that the defendant was living in the apartment building where many residents live in the apartment building, and fire the above building by a new wall hour, but the fire fighter who was called out after receiving a report, and thus, the crime was committed heavy, and the crime was committed.

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