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(영문) 부산지방법원 2018.08.24 2018고합279
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 became final and conclusive.

Reasons

Punishment of the crime

At around 14:50 on May 2, 2018, the Defendant, on the ground that he left the elevator in front of the elevator of the 1st floor of Franchi C lending C, Busan, with a studio, puts a fire into the elevator, and put the above paper box, etc. into the elevator with a single strawer who was in possession of the above paper box, etc. as an elevator, but, on the other hand, put the cattle box, etc., which was reported to be put into a fluor, did not break out.

Accordingly, the Defendant attempted to fire the Ba, which is in the presence of many wounded persons, and attempted to commit a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (including accompanying materials in the table of evidence Nos. 1, 2, 4, 7, and 8);

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 26 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 has been repeated for a favorable reason):

1. Scope of punishment: Imprisonment with prison labor for up to seven months from September to June;

2. Scope of recommending punishment: Non-application of the sentencing criteria.

3. The Defendant, at the time of driving in the main place, tried to extinguish a string of people who reside in a large number of people by attaching a fire to a box for disposable use on the ground that it was difficult for the Defendant to report the storage of the paper winners in front of an elevator, and that it was difficult for him to do so.

The criminal liability of the defendant is heavy in that the crime of this case may cause harm to human life and property.

However, the defendant recognized the crime of this case and reflects the mistake in depth.

The defendant did not voluntarily extinguish a fire and moved to a building, but only part of the elevator floor was attempted to commit the crime, and property damage was insignificant.

The defendant restores the elevator floor.

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