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(영문) 제주지방법원 2020.05.07 2020고합22
일반건조물방화미수등
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

1. The defendant who has attempted to commit fire to a general structure or fire is living in a mixed way outside the warehouse which is a cement brick structure or brick structure building attached to the house owned by the defendant Eul which is attached to the house owned by the defendant Eul at Seopopopo City; and

At around 23:10 on January 28, 2020, the Defendant attempted to set fire to the outside of the building, which is a general building, with a bowter attached to the clothes in the dwelling room, in mind that the mother of the Defendant, who is not good, was engaged in cleaning, without the Defendant’s permission, at around 23:10, the Defendant attempted to remove the outside of the building, which is a general building, by putting the fire into the house, but did not commit attempted to commit an attempted crime, without putting the fire, by natural extinguishment,.

2. On January 29, 2020, the general building fire defendant around 02:25, around 202: (a) attached a newspaper, etc. attached to the wall bed from the bed room, which had been in possession of an mind that the crime of paragraph (1) was committed against the attempted crime, and had it spread up to 49.5 square meters from the total floor area attached to the outside wall of the bedle length to the bedle building.

Accordingly, the Defendant destroyed outside debt amounting to KRW 9,190,000, which is the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on comprehensive reports on fire occurrence;

1. Relevant Articles 174 and 166 (1) of the Criminal Act (the occupation of an attempted general building or fire prevention) and Article 166 (1) of the Criminal Act (the occupation of an ordinary building or fire prevention) of the same Act concerning facts constituting an offense;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for the crime of causing serious general buildings and fire, which is heavier than the quality of crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for a period from one year to two years, and six months;

2. The scope of recommendations according to the sentencing criteria; and

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