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(영문) 인천지방법원 부천지원 2019.07.11 2019고단1106
현주건조물방화예비
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant applied for formal trial against a summary order of a fine of two million won, the Defendant did not accept the complaint, and did not neglect his/her residence.

On February 2, 2019, at around 00:25, the Defendant distributed approximately one liter of dilution to the floor at his/her own residence located in Seocheon-si Bank C, and smoked by attaching a fire to tobacco next to it.

Accordingly, the defendant prepared for the purpose of setting fire to a building in which a person uses as a residence or a person exists.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to the site and seized articles;

1. The main sentence of Article 175 of the Criminal Act concerning the crime;

1. proviso of Article 175 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Social service order under Article 62-2 of the Criminal Act;

1. While under the influence of sentencing for the reason of sentencing under Article 48(1)1 of the Criminal Act, it is difficult to view that there was a definitive intent on the main building and fire prevention, since it was a case where a person spherbs down the starting floor of his residence and smokes tobacco on his own, and reported 112, it is difficult to view that there was no record of being punished exceeding the fine, there was no record of being punished for the same crime, the confession of the crime, the confession of the mistake, the fact that the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior

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