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(영문) 서울남부지방법원 2014.03.14 2013고합568
현주건조물방화미수등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C (ma, 44 years of age) and the married couple who re-born before 13 years of age. The defendant is living in Gangseo-gu Seoul Metropolitan Government E 101, such as the victim D (ma, 15 years of age) who is a married couple between the victim C and the Jeonnam.

1. On November 18, 2013, the Defendant: (a) around 01:30, 201, on the ground that the Defendant: (b) was under the influence of alcohol and set off D schools; (c) and (d) sought to destroy a building in which people are present by attaching a stringer to the inside and outside newspapers located under the inside and outside of the kitchen cremation; (d) however, C and D discovered such building; and (e) laid down newspapers into the outside stairs of the building.

2. The Defendant, on the ground that the above D continued to attend the school, had a knife (17 cm in length on a day, 13 cm in knife), which is a deadly weapon used in the kitchen, and threatened the victims, such as a knife, with a knife (17 cm in length and knife).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a report on the dispatch to the scene of a assault case, a report on investigation (on-site conditions, etc.), a photograph, and a report on investigation;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the points of attempted crime against the present main building and attempted crime, the choice of limited imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the points of intimidation to carry a deadly weapon);

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 62 (1) of the Criminal Act;

5. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Imprisonment with prison labor for a period of one year and six months from June to June 22 months; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) The type of violation of the Punishment of Violences, etc. Act;

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