logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.11.14 2018고합170
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 August 9, 2018, the Defendant, at around 09:23, around 09:23, at the Defendant’s residence of Asan City, 106 Dong 103, and family affairs, requested a divorce by the said D with his wife D with respect to his family affairs, etc., and collected a key string in the ward where the said D was located, attached a fire by gas bags, attached a fire by being in front of the said small residence visit, and attached part of the door door even and door door door door door board. However, upon receiving a report 112, the Defendant was promoted by the E District F, etc. affiliated with the E District F.

Thus, the defendant tried to commit an attempted crime by setting fire to a building used by a person as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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

2. The sentencing criteria shall not apply because they are not applicable to the sentencing criteria; and

3. Determination of sentence: One and half years of imprisonment with prison labor, and three years of suspended execution, the crime of this case was committed by the defendant with his wife, and the defendant was likely to cause serious damage to the lives, bodies, or property of many people who reside in the apartment due to large fire.

On the other hand, the Defendant recognized the instant crime, and went against it, and the Defendant subsequently attempted the instant crime.

The defendant has no record of punishment heavier than a fine or of punishment for the same crime.

In addition to these circumstances, the defendant's age, sex, environment, motive and circumstance of the crime, and after the crime is committed.

arrow