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(영문) 창원지방법원 2017.09.07 2017고합164
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant heard the Defendant’s speech that he would stop in a toilet from the school of C University as a person attending the clinical path of C University and the third grade of the school of the C University, and told the Defendant to raise the dissatisfaction and to put the complaint in the toilet of C University.

1. On May 23, 2017, around 15:28, the Defendant: (a) opened a brupty stop in the toilet screen of a man with the second floor of the building E at C University F, E, which was located in Kimhae-si, and attached a brupt with a bruter which was previously possessed by opening the brupty stop; and (b) stored a brupted stop in a toilet garbage tank and tried to fire the said building in which the student et al. were present; and (c) attempted to fire the said building, the Defendant attempted to do so on the wind, which was removed

2. On May 25, 2017, around 15:05, the Defendant: (a) opened a brush stop which was kept in the third floor male toilet of the building DF of C University D on May 25, 2017; (b) removed the brupt from the 3rd floor male toilet of the building D; and (c) attempted to remove the brupted stop after being kept in the toilet garbage tank; and (d) destroyed the existing building by fire, but the Defendant attempted to do so on the wind.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Police seizure records and list of seizure;

1. Application of the relevant Acts and subordinate statutes to each investigation report (a written estimate attached, accompanying photographs of the scene of the crime, and holding interviews with the suspect or suspect) and each accompanying document;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning facts constituting an offense (the choice of imprisonment with prison labor for each limited term);

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against existing buildings, the administration of which is grave on May 25, 2017)

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. Article 62-2 (1) 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 a year and six months from June to June 22;

2. The scope of punishment recommended on the sentencing criteria:

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