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(영문) 수원지방법원 성남지원 2018.08.23 2018고합145
현존건조물방화미수
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A defendant shall be punished by imprisonment for one year.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

seizure.

Reasons

Criminal facts

On June 17, 2018, at around 17:00, the Defendant purchased two strings for rans in the “E” ransium operated by the victim D in Sungnam-si, Sungnam-si, on the ground that the victim gave strings to the strings, and the Defendant purchased two strings for strings at the entertainment bar and at the neighboring convenience store.

On June 18, 2018, the Defendant: (a) possess two strings for 00:10 strings and one strings prepared in advance; and (b) enter a public entertainment bar again.

At the end, two lids from the lids of the upper lids for Poters are opened in order to stop so that they may sit down, and two lids of the upper lids for Poters shall be cut off to the employees who have stringed it.

Therefore, the defendant added a fire to the victim's poter to the victim's poter, and then moved to the fire, but the employee was extinguishing the fire due to the fire.

Accordingly, the Defendant attempted to extinguish a public entertainment bar with people, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D and F;

1. A report on investigation;

1. On-site photographs;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act - The crime of this case was committed by the defendant on the grounds that the defendant was trying to extinguish the main points operated by the victim on the grounds of his minor negligence, and that the criminal liability is not easy in that the occurrence of human life damage or material property damage could occur - On the other hand, the crime does not constitute an attempted crime - the victim does not want the punishment of the defendant - there is no criminal record exceeding the fine.

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