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(영문) 수원지방법원 성남지원 2016.09.08 2016고합143
일반건조물방화미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant, together with the victim C, had the victim drinked alcohol in the age club without paying the drinking value, put the victim in the house, and expressed the Defendant who resisted to this, with the view to neglecting his behavior, and harming the “D” store operated by the victim.

On May 20, 2016, at around 03:25, the Defendant was in front of “D” in the operation of the victim located in the E market in Seongbuk-si, Sungnam-si, and attempted to extinguish the said store by attaching fire to the cover with the cover installed therein (the plastic tent covered by the display stand after the closure of business). However, on the same day, at around 03:30 on the E market security guards, who was in the patrol around the bee at around 03:30 of the same day, fire caused a fire and destroyed the display belt equivalent to KRW 100,000,000,000, and did not carry out an attempted attempt.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, C, F, H, and I;

1. A report on the results of field identification;

1. Current status map of the E market;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to explain on-site photographs and CCTV explanation related to fire;

1. Articles 174 and 166 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing) is committed by setting fire to and attempted to commit an attempted crime by setting fire to the stores in the markets where many people pass and pass, and the crime of this case may cause damage to the human resources and property that are difficult to recover, and the crime of this case is not easy.

Moreover, it is inevitable to sentence the Defendant to commit the instant crime during the period of suspension of execution.

However, there are favorable circumstances such as the fact that the crime was committed in attempted crimes, the damage to property was minor, and the defendant recognized the crime of this case, and reflects his mistake.

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