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(영문) 수원지방법원 2017.11.16 2017고합551
현주건조물방화미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

On July 10, 2017, at around 11:50, the Defendant: (a) was aware of D’s influence, a woman living together under the influence of alcohol, and (b) attempted to burns D’s house, which is a structure that string the people’s string, by opening a visit to the toilet at the time of diving; (c) she was trying to burns D’s house, which is a structure that string the people’s string. However, the Defendant immediately opened a visit, and failed to commit a fire by setting fire only on the wind that D’s water spreads to the public, but only on the street, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Field photographs, etc.;

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

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Scope of the recommended punishment according to the sentencing criteria: Non-application of the sentencing criteria because the number of offenses is minor.

3. Determination of sentence: One year and six months of imprisonment, and the crime of this case for two years of suspended execution is destroyed by setting fire to a building used by a person as a residence, and may cause a substantial danger to the life and property of another person, and thus, the liability for the crime is not less exceptionally.

However, it appears to be a criminal act committed by the defendant who is a female living together, ② immediately after the outbreak of fire, ② the crime was committed by fire extinguishing immediately after the outbreak of fire, ③ only minor damage occurs due to the crime, ④ the fire prevention of this case was treated by the defendant due to the addiction and waste collection, ④ the fire prevention of this case, ⑤ the defendant has no record of having been punished by the suspension of execution or more than three times, or of having no record of the same crime.

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