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(영문) 부산지방법원 동부지원 2013.12.27 2013고합209
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 4, 2013, at around 23:25, the Defendant, at around 2013:5, 'E' operated by Friendal D' on the first floor of the building of the Nam-gu Busan Metropolitan City, for the reason that ordinary family members do not listen to their horses, was in mind in the practice room while disputing Friend G, etc.

The defendant tried to fire a practice room by putting fire on a musical organ, which is suffering from a fluence installed in a practice room by using a disposable dog, but he reported that the fluence of a fluence of a fluence of a fluence of a fluence of a fire, and attempted to commit an attempted crime by suspending the fire by themselves.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, G, and F;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a field photo), investigation report (Attachment of a photo), investigation report (Attachment of a photo), investigation report (Attachment of a video CD), investigation report (Attachment of a video recording device), investigation report (Attachment of a video recording device), investigation report (Access of a suspect G telephone), investigation report (Access of a victim D party statement), investigation report (Access of a victim) and investigation report (time of fire prevention);

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Article 62 (1) of the Criminal Act (or normal reference of the reasons for sentencing as follows)

1. The defendant's crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may cause enormous human damage, and its nature is not that of the crime.

However, immediately after the crime of this case was committed by the Defendant, the Defendant was suspended from committing the crime to attempted, and there was no record of criminal punishment heavier than imprisonment without prison labor or heavier punishment before committing the crime of this case, and his/her father and wife operating the practice room of this case did not want the punishment of the Defendant.

Defendant

Family members often appeal against the defendant.

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