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(영문) 의정부지방법원 2014.07.17 2014고합135
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 15, 2014, around 22:20, the Defendant changed tobacco to D in a container housing plan that resides with D on April 15, 2014, but D referred to as “ how to see, e.g., tobacco.” However, D intended to extinguish a building used as a residence with a fals and a fals attached to D with a fals in the surrounding area by using a gals, but did not commit an attempted crime by using the gals and gals., on the other hand, the Defendant did not want to extinguish the building used as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (on-site situations, suspect telephone statement hearing report);

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, considering the fact that a fire would have occurred in the container, which is the present main structure, due to the crime of this case, due to the crime of this case, the sentence shall be determined as ordered in consideration of the circumstances favorable to the following: (a) considering the fact that the defendant and the aforementioned container together do not want the punishment of the defendant; (b) the defendant voluntarily discontinued the crime of this case; (c) the defendant himself ceases to commit the crime of this case; (d) the damage resulting from the crime of this case is minor;

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