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(영문) 인천지방법원 2016.04.07 2015고합822
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 1, 2015, the Defendant: (a) around 12:08, on the ground that the victim D, who was the wife at his own residence of Gyeyang-gu Incheon building C, had a verbal dispute with the Defendant with respect to the repayment of the preceding loan, and did not open a door-to-door without telephone, and (b) tried to open a door-to-door 4 kidle, which was located in the kitchen, on the gas siren, and put up a fire on the gas siren, and destroyed the existing building by fire; (c) however, the Defendant did not commit an attempted attempt by the victim on the wind that the victim discovered it and caused water damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009; Supreme Court Decision 2009Da1448, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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