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(영문) 수원지방법원성남지원 2020.09.10 2020고합133
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 26, 2020, at around 20:0, the Defendant tried to extinguish the residence by setting fire to the mother who was in dispute with the husband C at the residence located in Gwangju-si, by attaching the paper a fire to the mother who was in dispute with the husband, but the husband who was in dispute with the husband. However, the husband, who reported this, did not extinguish to the fire extinguisher.

Thus, the defendant tried to destroy a structure used as a residence by a person, but did not commit an attempted crime.

Summary of Evidence

1. Application of the police suspect interrogation protocol to Defendant C’s legal statement, victim and on-site examination statute;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for September through July;

2. An attempted criminal who is not subject to the sentencing criteria, and thus the sentencing criteria are not applicable.

3. The Defendant, who received a sentence of sentence, destroyed his residence by setting fire to a different kind of fire, which was in an inside room with a fire of the paper attached to him.

Such a fire-prevention crime leads to serious harm to human life and property damage, and the nature of the crime is not easy.

On the other hand, the defendant, who was dissatisfied with her husband, did not lead to a large fire, and was immediately extinguishing and did not commit an attempted crime.

The defendant recognizes the crime and reflects the wrongness, and has no record of punishment exceeding the fine.

The husband of the defendant is not punished.

In addition, the punishment as ordered shall be determined in consideration of the sentencing factors shown in pleadings, such as the age, character and conduct, environment, health, the circumstances leading to the crime, the means and results thereof, and the circumstances after the crime.

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