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(영문) 서울북부지방법원 2018.06.22 2018고합111
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant resides together with his spouse in the branch of the house located in Jung-gu Seoul Metropolitan Government, and the spouse of the defendant and his grandchildren are living in the first floor of the house.

On January 28, 2018, at around 22:35, the Defendant thought that the Defendant, at the residence of the Defendant on the instant housing floor, did not contact with the am and that his spouse, did not enter the house at the latest, and did not contact with him, and that the Defendant, who was going out of the house, was able to influencing him by setting fire at the house, opened a gas valve at the house, and put the gas valve at the house with the buban gas, attached the bubrost, but put it into the clothes which were suffering from the storm, but was flucing, and was flucing with the police officer, who was called out after receiving a report from 112, containing water in a two percentage at the kitchen, and flucing water into the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A report on the results of each photograph (2,8) and on-site identification;

1. Application of Acts and subordinate statutes to the investigation report (the current building and attempted crime prevention);

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommended sentences on the sentencing criteria: since they are minor offenses, the sentencing criteria shall not apply.

3. The Defendant tried to extinguish the sentence by setting fire to a building in which his wife, son, son, and grandchildren live.

Fire prevention for residential buildings is a crime that is highly likely to infringe on the lives and property of many people.

In consideration of the above circumstances, the defendant's liability is not less complicated.

On the other hand, the Defendant recognized all of the instant crimes.

C. The crime of this case is committed.

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