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(영문) 제주지방법원 2016.10.20 2016고합125
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

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

At the beginning of 2016, the Defendant died of her husband at the long time of sick disease, and had economic difficulties to commit the suicide, and had her mind of committing the other suicide together with his children.

피고인은 2016. 8. 31. 13:25경 서귀포시 D아파트 612동 606호에 있는 피고인의 집에서 ‘집에 불을 지르고 죽어버리겠다’라는 내용의 119 신고를 한 후, 그 곳 주방에 있는 가스레인지에 불을 켠 다음 그 위에 신문지를 올려놓는 방법으로 불을 붙여 집을 태우려고 하였으나, 신고를 받고 출동한 소방관이 이를 발견하고 진화하는 바람에 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Reports on internal investigation (including reports on dispatch of fire sites and comprehensive reports on fire occurrence), internal investigation reports (Attachment to contracts of rental housing for a suspect's living), investigation reports (record of reports on rental housing for a suspect's living), investigation reports (verification of the details of reports on 119), and accompanying documents;

1. Application of Acts and subordinate statutes to investigative reports (fire fighters and telephone conversationss - At the time of fire situations);

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

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for one year and six months; - 15 years;

2. Determination of sentence: Imprisonment with prison labor for 2 years, and the Defendant for 3 years of suspended sentence had attempted to turn on a fire-fighting by putting him into the gas room inside the house while emphasizing his wife.

The defendant is within an apartment complex in which many households are concentrated.

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