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(영문) 대구지방법원 의성지원 2015.02.10 2014고합26
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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

The defendant is currently in a divorce lawsuit with the wife C.

1. On November 9, 2014, around 08:30 on November 9, 2014, the Defendant, who attempted to commit fire-fighting, demanded the victim to cut the cell phone password from the Defendant’s residence, but was rejected. However, the Defendant, who was in possession of the Defendant, failed to take an attempt at least 10cm from the wind by attaching it to a one-time newspaper at the seat of the Defendant, thereby leaving the door up to the door by placing it on the floor of the relevant room. However, the Defendant’s mother, who was in possession, attempted to spread water by spreading water.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) attempted to leave the house after setting the above fire at the time and place specified in paragraph (1). However, the Defendant threatened the victim by using a disposable tool, which is a dangerous object, to turn off the body of the Defendant to the victim several times on the ground that the victim was able not to take and take away the breath.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 174 of the Criminal Act, Article 174 of the Criminal Act, Article 164 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, which provides for the relevant provision of criminal facts and the choice of punishment (the point of

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the reasons for sentencing below)

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act was committed by the Defendant by proving the Defendant’s wife in a divorce proceeding, thereby putting the house off, and threatening the wife by gater’s fire. At that time, the wife and the wife were in the house.

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