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(영문) 창원지방법원 통영지원 2017.01.17 2016고합103
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C are related to one another.

On October 22, 2016, 09:30 on October 22, 2016, the Defendant, at the victim C's house located in 09:30 on October 22, 2016, has made a verbal dispute with the victim.

Does they ignore four, or show what behavior they drink and drink.

He was in possession of “ dead and killed.............” and intended to set fire to the victim’s house by attaching hair belts, fluor, fluor and fluor on his table at the site. However, he was in an attempted attempt by a person who moved to the fluor, fluor, gluor, etc. in the fluor’s length.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the relevant photograph of the case and the relevant photograph of the case-related statute

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Attempted mitigations under Articles 26 and 55 (1) 3 (Suspension) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Scope of recommended sentences according to the sentencing criteria: since they are minor offenders, the sentencing criteria shall not apply.

3. The Defendant, after having made a dispute with the victim over his / her c/ her c/ her c/ her c/ her c/ her c/ her f/ her c/ her c/ her c/ her c/ her f/ her c/ her

However, the circumstances favorable to the defendant include the fact that the defendant acknowledges and reflects the crime, the fact that the damage was not significant by the defendant's own extinguishment, the fact that the victim does not want the punishment of the defendant, the fact that the defendant does not have any other criminal records than three times of fine, etc.

(2).

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