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(영문) 인천지방법원 2015.10.30 2015고합504
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

At around 04:00 on July 28, 2015, the Defendant attempted to commit an act by putting fire on a portable gas bag, which had been flicked to cook food, on the ground that the Defendant was neglected by the victim during the process of dividing the victim D's talks with the victim D's talks. However, the Defendant failed to attach fire to the building by putting fire on a portable gas bag that had been flicked to cook food.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of the Acts and subordinate statutes to photographs, damaged parts photographs, and seized objects photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Application of the sentencing criteria: 3. Determination of sentence: Imprisonment with prison labor for one year, and the crime of this case for two years in suspension of the execution of the sentence was about to make the defendant fighting with the victim who is his wife, and try to go against the defendant's house. Considering that the defendant's house is an apartment in which many people live, it may cause serious damage to the body and property of many citizens, and thus, the nature of the crime is not weak.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant seems to have committed the crime of this case in contingency during a marital fighting while under the influence of alcohol, and the defendant voluntarily extinguishings.

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