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(영문) 의정부지방법원 2017.12.21 2017고합384
현주건조물방화미수
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2017, the Defendant, while drinking alcohol at the Defendant’s residence located in Dongducheon-si B lending C on October 2017, 2017, she was fluord with his body due to a eulic depression and extreme pain, and she was fluord with the Defendant’s body to check the fluort. C

The phrase "to throw away by death," and the body attached to the floor of the living room was put to fire by using a dog, but the fire was attempted to extinguish the fire attached to the dispatched fire officer upon receiving a report from 119.

Accordingly, the defendant was trying to extinguish the above-mentioned building that 16 households reside in by setting fire to and burns the fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. The 112 reported case settlement table, respectively;

1. Notification of the response to the request for appraisal (31) and the results of the assessment of the fire case (32 once a moment);

1. On-site photographs;

1. Application of two existing Acts and subordinate statutes (No. 1) for one time of seizure;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts (opportune imprisonment with labor);

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria: Since it is an unregistered crime, the sentencing criteria shall not apply.

3. Determination of sentence: The crime of attempted fire-prevention, such as this case, one year and six months of imprisonment with prison labor, and three years of suspended execution, may cause enormous fire and substantial damage to human life, property, and social loss, even if the crime was committed, such crime was committed on an attempted crime;

Even if the defendant's liability for the crime is not provided against the defendant.

In particular, the risk of the defendant's residence in which the defendant's fire was born is greater in that many households jointly live.

The Defendant was fire even before the instant case.

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