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(영문) 대전지방법원 2017.09.21 2017고합158
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

On November 16, 2016, at around 13:46, the Defendant: (a) 407-dong C Apartment-gu Daejeon Seodong 407-105, and (b) 105-dong C Apartment-gu 107-dong 105; (c) attempted to remove fire to the above apartment; (d) put a fire into a recycled garbage tank containing paper at the entrance of the living room; and (e) put a fire using a thrower on the wall of the wooden material located in the living room; (e) put a black gas siren on the container of the above secondary gas siren; and (e) put a black gas siren on the container of the plastic material; and (e) attempted to put the fire to a fire on the wall of the management office that has received fire warnings; and (e) attempted to put the fire to a fire extinguishing box. However, the Defendant attempted to put the fire on the wall of the dwelling.

As a result, the Defendant was trying to extinguish the above apartment building 407, which was used by 140 households as residence by setting fire to and from fire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. A report on the occurrence of a fire and on the results of field meals;

1. Attachment of a note;

1. Application of Acts and subordinate statutes to a report on investigation (C 407 residential status verification);

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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

2. Scope of recommended sentences according to the sentencing criteria: since they are minor offenders, the sentencing criteria shall not apply.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year of suspended execution for a period of three years shall be committed by the defendant, by setting fire to his own ward and main room, but they shall have failed to commit the crime, and the life and property of several persons who have resided in the above apartment.

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