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(영문) 인천지방법원 2013.10.10 2013고합564
현주건조물방화미수등
Text

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

Reasons

Punishment of the crime

1. On August 10, 2013, at around 19:15, the Defendant attempted to destroy the present residential area by setting a one-time valve, which was in possession of a gas siren, to which the Defendant and the mother of the Defendant living in Nam-gu, Incheon, and the Defendant, the mother of the Defendant and the Defendant, had not repaid the Defendant’s credit alcohol level of KRW 20 million, but had not repaid the Defendant’s credit alcohol level of KRW 20 million, and other family members were also disregarding the Defendant’s credit. However, the Defendant attempted to extinguish the said residential area by cutting the gas by attaching a single-use camera, which was in possession of a gun on the gas siren, and cutting the gas on the gas siren. However, the Defendant’s birth, who received the phone from the victim D and arrived at the site, did not have attempted to break the gas supply pipe on the first floor, and did not have attempted to do so.

As a result, the defendant set fire to and destroyed a building used by 36 households such as victim D, etc. as a residence, but did not commit an attempted crime.

2. When the Defendant attempted to extinguish a building by setting fire as stated in paragraph (1) but was excessively attempted, the Defendant destroyed the victim D’s market price, which had been located in the living room, and damaged the building by breaking one fire from the market price of the victim D and attaching the west.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts constituting an offense, and the choice of the principal building, structure or attempted crime: Articles 174 and 164 (1) of the Criminal Act to the point of causing property damage and damage: Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment determined for a grave building with heavier punishment (limited to the combined maximum term of the punishment prescribed for the above two crimes)];

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 2007) is prior to the Defendant.

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