logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.07.25 2018고합223
현주건조물방화미수
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[Criminal Records] On April 18, 2018, the Defendant was sentenced to four months of imprisonment and one year of suspended execution as a result of obstructing the performance of official duties at the Busan District Court, and the above judgment became final and conclusive on the 26th of the same month.

[Criminal facts] The defendant is living in the first floor of the second floor in Busan Jin-gu, Busan, and the above building is a multi-household house with four households.

The defendant salute D together with the defendant

However, the defendant's words that the police officer did not know about his life and put him to the house, and attempted to put him to the house on a portable gas or a fire on February 19, 2018 at around 22:20, with a fire attached to the above residence, but the police officer's words that the police officer did not get out of the house were not able to put him out of the house of the defendant.

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. Investigation report (investigation, etc. of the circumstances leading to recognition of the case);

1. The photograph of the site and the photograph of a dog that is in fire once; and

1. Previous records of judgment: To report an investigation (Attachment of criminal records) and apply Acts and subordinate statutes attached thereto;

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. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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: Since it is an unregistered crime, the sentencing criteria shall not apply.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year of suspended execution for three years shall be tried to extinguish a multi-household house in which many persons reside;

The attempted crime is close to a large fire, and the life and property are kept as a result.

arrow