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(영문) 광주지방법원 해남지원 2015.12.02 2015고합21
현주건조물방화미수등
Text

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

except that the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On May 22, 2014, the Defendant attempted to commit fire to the present owner’s building and fire was put to a brupt in a brush in a brush, which was inside the house, on the ground that the wife did not unbrupt any part of his or her brupt with D in his or her brupt with the previous brush in his or her brupt with D around May 222, 2014, but it was not achieved by spreading the water by spreading it to another place after the brush had his or her brupt out of the house.

2. The Defendant damaged property by exposing the date and time set forth in paragraph 1, and at a place set forth in paragraph 1, the Defendant and the victim, the Defendant and the Defendant jointly owned the main door, the entrance door, etc., several times, and the water purifiers and dry booms, which were located in the main room, and caused the damage of property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of the details of damage);

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the occupation of attempted crime against the present main building and attempted crime, the choice of limited imprisonment), and Article 366 of the Criminal Act (the occupation of destroying and damaging property and the choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the extent that the punishment is added up the long-term punishment of two crimes specified for the crime of attempted fire-prevention of a grave structure

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances among the reasons for the punishment in prison);

1. The reason for sentencing under Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for the suspended sentence) is that the Defendant attempted to prevent the victim’s house in dispute with the victim, thereby causing considerable danger to the safety of the victim and the general public, and thus, the Defendant’s liability for such crime is not minor.

On the other hand, the defendant recognized his mistake and caused a contingent crime while disputing the victim.

In addition, the crime of fire prevention is attempted, and the victim does not want the punishment of the defendant.

The above circumstances are as follows.

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