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(영문) 서울중앙지방법원 2017.01.17 2016고합1111
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

On September 18, 2016, at around 22:30, the Defendant: (a) at the place of residence of Gangnam-gu Seoul Metropolitan Government D Loans No. 106, the Defendant: (b) had a mind that he was in the state of peace and fireation; (c) was believed to disregard himself; and (d) had a mind that he would influencing his house; (d) had his husband and wife, E, F and Chok G, which are located in a small room, attempted to burns his house by attaching gas siren to the inner floor; (e) however, police officers dispatched after receiving a report of the above E 112 were not able to extinguish water.

Accordingly, the defendant tried to destroy a building in which people exist by setting fire, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the report of investigation (referring to the order of 119 reports and accompanying documents, the report of investigation (related to field photographs) and accompanying photographs, the details of arrest of flagrant offenders, and the details of reports 112;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Articles 62-2 (1) and 62-2 (2) of the Criminal Act for observation of protection and observation;

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

2. Determination of the sentencing criteria as exemplarys who are not subject to the sentencing criteria [the types of decisions];

3. Determination of sentence: One year of imprisonment with prison labor and three years of suspended sentence (unfavorable circumstances) the Defendant, while drinking at night, was living in the house where his family members were living solely on the ground that he was dissatized due to disregarding himself.

Since there are many households' apartment houses, at night, they are living in, and at the same time, it could be seriously threatened with the damage to life, body, property, etc. of many people due to fire prevention, that is, public safety.

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