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(영문) 대구지방법원 2018.04.27 2018고합68
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person living together with C(44) and Yongcheon-si D apartment 101 Dong 1235.

Around 04:00 on February 8, 2018, the Defendant argued that C was found in the workplace of the Defendant as of the preceding day and pedal at the workplace of the Defendant, and that C was attempted to destroy the entire residence by attaching the fire to the string with the string with the string of the string, influor “the string,” the string of the string, influor, with the string of the string, and the string of the string with the string of the string, and the Defendant attempted to do so with the wind of the string C covering the string with the clothes.

Accordingly, the defendant tried to set fire to and burns a structure that is used as a residence with C, and is still in existence, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and a list of reported cases;

1. Application of Acts and subordinate statutes to a criminal investigation report (the contents recorded at the time of preparation of the suspect interrogation protocol), report on internal investigation (the attachment of a field photograph, and C’s speech or behavior at the

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. The scope of punishment by law: Imprisonment for September through July;

2. Non-application of the sentencing criteria: 3. Determination of sentence: Imprisonment with prison labor for 10 months, and the crime of this case for 2 years of suspended sentence is committed by setting fire to and by setting fire in his own residence, which is part of the apartment house, and the crime of this case results in considerable danger to the lives and property of many persons residing in the said house, and thus, the liability for the crime is not easy.

However, the defendant.

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