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(영문) 대전지방법원 서산지원 2018.07.11 2018고합32
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 22, 2018, around 07:20, the Defendant demanded the Defendant’s wife to sleep at the Defendant’s house located in Seosan City, Seosan-si, but was rejected, the Defendant stated that “Nea” was all the Defendant’s children and the Defendant’s wife.

The Defendant reported that the Defendant’s wife and his children want to boom their clothes, brought him to the south bank and clothes, and tried to set the house above the Defendant’s house gas room and set the house with the Defendant’s home gas room, and destroyed the house with the Defendant’s house with the fire for once. However, this form was worn out by putting the Defendant’s house into water on the clothes where the Defendant’s wife and children attached with the Defendant’s house.

Accordingly, the defendant was trying to fire a building used as a residence by setting fire to and from a person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. The scope of punishment: Imprisonment for not less than nine months but not more than seven years and not more than six months;

2. Whether or not to apply the sentencing criteria: since it is an unregistered crime, the sentencing criteria shall not be applied; and

3. Determination of sentence: Imprisonment with prison labor for one year, and the defendant for two years under a suspended execution, shall have attempted to extinguish a building which a person uses as his/her residence by setting fire, and such crime shall not be minor;

In particular, the fire-fighting crime is a serious crime that may undermine public safety and peace and cause serious harm to the lives and property of many and unspecified people, and there is a high demand for public interest to prevent it through strict punishment.

However, on the other hand, the defendant is drunk.

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