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(영문) 광주지방법원 2015.05.15 2015고합74
현주건조물방화미수등
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 became final and conclusive.

Reasons

Punishment of the crime

1. At around 02:20 on November 24, 2014, the Defendant attempted to extinguish the instant E dan dan by taking a warning that “Handphones are lost and returned,” which is operated by the victim D(E, 53 years of age) in Jeju-si, the Defendant was under the influence of alcohol in the victim D’s room room of the “E” ranran bar operated by the victim, and attempted to extinguish the instant E dan dan by taking the phrase “no handphone exists, and it is not lost at our shop.” However, the Defendant attempted to extinguish the instant E dan by taking the dice in a part of the sofa, which he was seated. However, the Defendant did not go through the wind of the victim’s drinking water and did not commit an attempted crime.

2. 폭행 계속하여 피고인은 위와 같은 일시ㆍ장소에서 소파에 붙은 불을 끄려는 피해자에게 “야이, 씨발년아. 내 핸드폰 내놔!”라고 욕설을 하면서 피해자의 머리채를 잡아 룸 밖으로 끌고 나와 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act (the fact that the building or the attempted crime is committed, the choice of limited imprisonment), and 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), which apply to the crime;

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for nine months to eight years;

2. Application of the sentencing criteria;

(a) Crimes of attempted fire-prevention of a suspender building: The sentencing criteria are not set;

(b) Violence (determination of type).

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