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(영문) 창원지방법원 2015.10.22 2015고합211
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2015, at around 03:45, the Defendant: (a) filed a complaint with D, the Defendant’s wife, her wife, her children, and did not return to his/her home; (b) her home under the influence of alcohol; (c) brought about about about 20 liters, the spare fuel of the Defendant E-owned fishing vessel in a plastic box, which was in the Defendant’s possession of a plastic box, to the said home; (d) took about 20 liters, which were the spare fuel of the Defendant E-owned fishing vessel in the plastic box, into the said home; and (e) contained in the said cell; and (e) took about 20 liters, which were the fuels of the Defendant’s fishing vessel in his/her possession; (e) did not put a fluor into the living room, but did not bring about a fluench to the said gasoline;

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, seized plastic copies and photographs taken (site), each photograph, and response to requests for appraisal;

1. Application of each of the existing Acts and subordinate statutes applicable to one (No. 1) and one (No. 2) of the seized plastic gasoline (a equivalent to 20 liter, white), and one (No. 2); and

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria: The sentencing criteria shall not apply to an attempted crime.

3. Determination of sentence: The two-year imprisonment with prison labor, and the four-year suspension of execution attempted to fire the apartment that the Defendant was living in, and the above apartment was living in a large number of persons other than the Defendant, and thus, the above crime could cause serious damage to human life and property.

The defendant has become a fire in the past.

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