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(영문) 대구지방법원 2016.05.27 2015고합496
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the victim C( South, 85 years old) children, and is living in the first floor of the housing located in Daegu-gu D, Daegu-gu, with the victim.

On September 14, 2015, the Defendant: (a) on September 21, 2015, in a ward located above the upper residence; (b) on the premise that the victim was to kill himself by eating herb drugs; and (c) on his own ear, the Defendant she saw him to her; and (d) on the her behalf, “

“” He listened to the hearing, brought the newspaper from the inside of the house to prevent fire, put him with a string, put him, and put the fire into an electricity set and a string of the victim’s electric power and a string of the fire, but the fire was put into an electricity set and a string of the fire, but the victim discovered it did not immediately have the intention to immediately cover the fire, but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site reports on the results of meals;

1. Application of statutes on site photographs;

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

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

2. Scope of recommended punishments on the sentencing criteria: Omission of the sentencing criteria.

3. Determination of sentence: 10 months of imprisonment and 2 years of suspended sentence [unfavorable circumstances] began to commit a crime in such a way that the victim was in a serious danger of being in a short run, and if the victim did not timely extinguish, there was a high possibility of spreading into a large fire.

[ favorable circumstances] The Defendant suffered from mental illness, such as depressions, damage netism, etc., and caused such disease, thereby committing the instant crime. The crime was committed against the attempted crime, and substantial damage did not occur.

The defendant, while against the crime of this case, is faithfully receiving medical treatment for mental illness.

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