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(영문) 광주지방법원 2015.04.27 2015고합89
현주건조물방화미수
Text

A defendant shall be punished by imprisonment with prison labor 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 March 25, 2015, 05:30 Gwangju Dong-gu, the Defendant sought a female-friendly victim at the E-gu room 101 room where the victim D was living in the Dong-gu, 2015. However, the Defendant did not commit an attempted crime because it was a wind that would lead to spreading the remainder of the water by spreading it, which was hard to conceal due to smoke, by putting the victim’s clothes, suspension, etc. on the floor of the living room, with a single-use gas thrown in possession of the victim’s clothes and suspension. The Defendant attempted to extinguish the above structure in which the victim was living.

Summary of Evidence

1. A legal statement made by the defendant in compliance with this Act;

1. Statements made by a senior judicial police officer on references to the victim's statement, which fit to the protocol;

1. Application of image Acts and subordinate statutes corresponding thereto to any on-site photograph;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that there is no record that

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment: Imprisonment with labor for a period of between nine months and seven years and six months;

2. The sentencing criteria shall not apply to an attempted crime, since the scope of recommending punishment according to the sentencing criteria is attempted;

3. Determination of sentence: Imprisonment with prison labor for 10 months and suspended sentence for 2 years, where the defendant resides in ten households, there was a possibility that human life damage may occur to a large number of households. The motive for the crime was derived from multiple appraisal of the victim who rejected the defendant's patriotism and located in the defendant, and the nature of the crime is not good such as the victim's request for strict punishment.

On the other hand, the defendant is drunk.

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