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(영문) 광주지방법원 순천지원 2014.07.03 2014고합96
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

On April 28, 2014, around 02:0, the Defendant tried to burns the above apartment by attaching a fin horse to a fin horse that was suffering from the fin horse that was in a de facto marital relationship with the E, “I see why you will drink alcohol at finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite,” but the Defendant attempted to fire the said apartment with a finite finite finite finite, which was found and spreaded by water.

Thus, the defendant tried to fire a building in which people exist, but attempted to commit a crime.

Summary of Evidence

Defendant’s legal statement

Article 174 and Article 164(1)3 of the Criminal Act that applies to the applicable criminal facts of the police interrogation protocol of the police interrogation protocol against E at the scene of the occurrence of the crime, and Articles 25(2) and 55(1)3 of the Criminal Act that reduces attempted punishment (the choice of imprisonment) of the same Act, and Articles 53 and 55(1)3 of the Criminal Act that are favorable to the reasons for sentencing (the following extenuating circumstances among the reasons for sentencing) of the suspended sentence under Article 62(1) of the Criminal Act (the grounds for sentencing) of the Criminal Act is an attempted crime of this case, and thus, the sentencing guidelines are not applicable.

Considering the fact that the crime of this case was committed by the Defendant without dispute with E, and the Defendant attempted to extinguish the apartment by setting the strawer, and that it could have caused harm to the lives and property of many people who reside in the apartment building as well as E, the crime of this case is not easy.

However, given favorable circumstances, such as the fact that the Defendant has no particular criminal history, the Defendant appears to have committed the instant crime under the influence of drinking, the fact that the Defendant appears to have committed the instant crime, the rapid extinguishment of E, and the fact that the Defendant has not been spreaded to another place other than the pressing, and that the Defendant recognized the Defendant’s mistake and reflects it, the number of arguments shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the instant crime, and circumstances after the crime.

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