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(영문) 부산지방법원 동부지원 2015.01.23 2014고합230
현주건조물방화미수
Text

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

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant had weak ability to distinguish things or make decisions due to mental fissionation. At around 12:30 on December 2, 2014, 2012, the Embur 205 room operated by D in Busan Shipping Daegu, the Defendant sent obscene videos to TV in that space. However, obscenity was not a obscenity, but was put to a bed with a one-time gas engine that was in possession, but was put to a bed with a bed, but the failure to put to the bed was not put to the bed by the fire station, and was not brought to the bed by the fire station that was dispatched without being moved to the bed by the fire station.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning D;

1. The police seizure record and the list of seizure;

1. Photographs of seized articles;

1. Results of video analysis and accompanying photographs;

1. A report on the occurrence of a fire;

1. Investigation report (fire on-site photographs), investigation report (as at the time of damage to CCTV images and images at the scene of the crime), investigation report (on-site CCTV analysis with regard to the specific tracking and raising of the suspect), investigation report (as at the time of arrest of the suspect and the comparison of the CCTV in question), investigation report (as at the time of arrest of the suspect), investigation report (as at the location of the suspect's fire), accompanying photographs, investigation report (as at the location of the fire), accompanying photographs, investigation report (as at the location of the suspect, additional analysis) and accompanying CDs;

1. Application of Acts and subordinate statutes to investigation reports (statements in person in charge of the same office), investigation reports (verification, etc. of whether a suspect has a disability) and accompanying documents, investigation reports (other than investigation reports, such as the spirit of a suspect and the

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

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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. Determination of sentence: The defendant himself in good condition favorable to one year and six months (in case of attempted crimes, not applying the sentencing criteria):

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