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(영문) 서울동부지방법원 2016.09.22 2016고합205
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six 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, around 00:04 on April 23, 2016, at the Epublic announcement source for the operation of the victim D in Gangdong-gu Seoul Metropolitan Government C2 floor, and the victim, at the announcement source, not cooking from the announcement source to the gas siren.

C. On the ground that the victim had been suffering from the death of the victim, was fluoring the fire in the above Gowon building, attached a paper with a one-time tool, and tried to extinguish the above Gowon building by setting the paper attached thereto on the table of the Gowon Round, but was not voluntarily fireed and attempted.

Accordingly, the defendant tried to fire by 28 residents living in a residential area, which is used by 28 residents living in a non-titled public official, but failed to commit a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Investigation report (to attach CCTV screen images to fire fighters);

1. Application of the Acts and subordinate statutes on CCTV images and CCTV CDs by capturing a CCTV image data;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. Since the sentencing guidelines are not applicable to the crimes of this case, the crime of this case is committed in an attempted attempt by the Defendant by neglecting his fire in his official source, and the crime of this case constitutes a serious crime that may cause large-scale loss of human life and property damage, and its responsibility is not exceptionally applied.

Therefore, it is necessary to punish the defendant accordingly.

However, the fact that the defendant is both aware of and against his own crime, the crime of this case was committed in the attempted crime, and the damage resulting therefrom is minor, and the victim want to be punished against the defendant.

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