logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.11.27 2015고합592
현존건조물방화미수
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

On July 18, 2015, at around 11:00, the Defendant tried to burns a building in which other residents other than the Defendant are present, by putting in the front corridor of the said dwelling gate, and putting in the front corridor the clothes such as titts, booms, and shoes, which were located in the house, for the reason that the remaining residents of the Defendant met with other women, at his own dwelling area located in Busan B and 205, and 10, the Defendant attempted to extinguish the existing building by placing the clothes in the front corridor of the said dwelling gate, but the Defendant sought emergency bell noise, and she attempted to extinguishing the other residents of the adjoining area from the outside with the fire extinguishing machine.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police investigation report;

1. Application of Acts and subordinate statutes to report on the results of field identification;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “the grounds for the suspended sentence”), which is favorable to the defendant, shall be considered as follows;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. are attempted to commit the crime of this case, and the sentencing criteria are not applied.

The crime of this case was committed in a building where the dwelling places of the defendant and other residents living in a narrow corridor are concentrated. In light of the characteristics of the building in question, the time of fire, and the area of fire by fire, etc., if the crime of this case was not extinguishing promptly, it may cause enormous property loss and human life damage. Therefore, in light of the crime method and contents, etc., the crime is not good in light of the crime, and the crime of fire prevention is a serious crime detrimental to public safety and peace, and thus, it is necessary to punish the defendant with severe liability corresponding to it.

However, the defendant.

arrow