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(영문) 대전지방법원 서산지원 2013.04.11 2013고합25
일반건조물방화미수
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A defendant shall be punished by imprisonment for one year.

Seized stone shall be confiscated (No. 2).

Reasons

Punishment of the crime

On February 24, 2013, at around 22:50 on February 24, 2013, the Defendant discovered a box in the restaurant with the glass machine, while drinking alcohol on the street in front of the “E” restaurant operated by the victim D, and without any particular reason, taken the mind that the Defendant would put it into the restaurant.

The Defendant saw the front of the above restaurant (a 26 cm, vertical 16 cm) as knife the front of the above restaurant, and flife the glass window, and flife the knife the knife the knife on the knife of the restaurant, flife the knife on the knife on the knife, and flife the knife on the knife on the knife, flife the knife on the knife, flife the knife on the knife.,

Accordingly, the Defendant attempted to destroy the above building by attaching fire to the above studio, but failed to commit an attempted fire by the fire officer dispatched after receiving a fire report prior to putting a fire on the building.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A report on investigation (on-site situations, etc.) and a report on the results of field identification;

1. On-site photographs;

1. Written estimate;

1. Application of Acts and subordinate statutes to disposable dysium (No. 1) and substitute dysium (No. 2);

1. Article 174 of the Criminal Act corresponding to the relevant criminal facts, Article 166 (1) of the Criminal Act;

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. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case was committed in the attempted attempt, the defendant's mistake is recognized, and the defendant has no same criminal history.

However, the crime of this case could cause serious damage to the lives, bodies, and property of many people by putting the defendant in a restaurant building without any particular reason, and the crime of this case is inferior and socially dangerous.

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