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(영문) 춘천지방법원 강릉지원 2016.09.01 2016고합47
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for two years.

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

On August 29, 2015, at around 01:37, the Defendant sent text messages to a female-friendly room fladled by a computer at the Defendant’s house located in Jinju-si, a building 302, including “gas flad, well sing.,” and “gas fladddal rice flad.,” and damaged the Defendant’s left hand part of the Defendant’s knife by knife, and divided ice connected to gas flacc, and opened a gas valve so that LPG wears down, and cut off by attaching a fire to a new LPG, so that the other house doors of the third floor of the said building may be opened, set up, and the windows are shouldered, and the repair cost of the repair cost is 826,000 won.

As a result, the defendant did not attach the above building owned by the victim D, which is used by 11 households as residence, but caused danger to human life, body or property by burning explosive objects at the same time as the attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Reports on the results of field identification, legal safety appraisal reports, explosion identification reports;

1. On-site photographs and records of fire case photographs;

1. The message, etc. of Facebook;

1. Details of repair of C building, and application of receipt Acts and subordinate statutes;

1. Relevant Articles 174 and 164 (1) of the Criminal Act (the attempted possession of the present main building or the attempted crime) of the Criminal Act concerning the facts constituting an offense and Article 172 (1) of the Criminal Act (the point of burning explosive objects);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a string building, structure with heavy punishment shall be imposed);

1. Selection of punishment and limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The sentencing criteria are applicable to the principal building and the attempted crime of attempted fire prevention, so the sentencing criteria do not apply.

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