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(영문) 의정부지방법원 2018.09.20 2018고합234
현주건조물방화미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to four months of imprisonment with prison labor for interference with the performance of official duties at the Jung-gu District Court on November 9, 2015 and completed the execution of the sentence at the Jung-gu District Court on December 12, 2015, and on September 8, 2016, the Defendant was sentenced to imprisonment with prison labor for special injury at the same court on September 8, 2016 and completed the execution of the sentence at the Ansan Prison on January 30, 2018.

[2] On March 11, 2018, the Defendant, at the office of the Defendant (hereinafter “Defendant”) with the Government-si 106:20 on March 11, 2018, c apartment 105 Dong 301, c apartment c, with the intent to kill, on his own, with the intent to kill alone, put a fire into the board and put it into a base. However, the Defendant, with the intention to kill alone, she spawned by using a fluor and flacing it into a fluor.

Thus, the defendant tried to commit an attempted crime by setting fire to a building used by a person as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Data on field photographs;

1. A report on the occurrence of a crime (the attempted crime of the present building) and the report on the internal investigation (the case of statements from witnesses);

1. Previous convictions: Application of criminal career data (defendants), investigation reports (facts being repeated period), five copies of the judgment, and current status of personal confinement (defendants) Acts and subordinate statutes;

1. Relevant Articles 174 and 164 (1) of the Criminal Act concerning the facts constituting an offense (opportune imprisonment with labor);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 26 and 55(1)3 of the Criminal Act [the defendant, while putting a crepite into a cremation or extinguishing a rush, it is acknowledged that the defendant constitutes an attempted suspension of punishment in consideration of the following: (a) the investigative agency and the court stated that the defendant would destroy the fire because it might cause damage to the surrounding people; (b) the size and duration of the fire attached at the time, and the situation in which the defendant actively laid down the fire by leaving the water at the time; and (c) the defendant actively turns out the fire.]

1. Scope of applicable sentences under law: Imprisonment with labor for a period of one year and six months from one year to twenty-five years;

2. The scope of recommended punishment according to the sentencing criteria: it is an unregistered crime.

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