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(영문) 대구지방법원 2019.01.30 2018고합576
현주건조물방화미수
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 became final and conclusive.

Reasons

Punishment of the crime

On October 29, 2018, around 22:42, the Defendant: (a) took care of the location where the Defendant had experienced economic difficulties while drunkly drinking in his dwelling room on the 1st floor of the Daegu Dong-gu B Housing, and (b) moved to the head of the non-breadth by attaching 3 strings, booms, etc. in possession of the strings, which were located on the floor of the living room on the floor of the living room; (c) but (d) discovered that the Defendant’s wife discovered the strings, abandoned water, and laid down part of the amount equivalent to 200,000 won at the market price, and did not move to the above dwelling building.

As a result, the defendant tried to set fire to the present residential building used by four family members, such as his own wife, his father, son, and her baby, but did not bring about such intention, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to September, up to seven years and up to June;

2. Non-application of the sentencing criteria: 3. Determination of sentence: Imprisonment with prison labor for 10 months, and the crime of this case for 2 years of suspended execution is committed by setting fire to and from his/her residence in his/her place of residence, and the crime of this case is committed as a result of an attempted crime, and thus, the liability for the crime is not easy, as it causes considerable risk to the life and property.

However, the fact that the defendant is recognized as committing a crime and is against himself/herself, resulting in any contingent crime while under the influence of alcohol, the degree of damage is considerably minor, the family members of the defendant who reside together in his/her residence want to take the preference of the defendant, and the defendant does not have the same criminal record.

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