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Reasons
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(영문) 인천지방법원 2014.07.23 2014고합325
현주건조물방화미수등
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A defendant shall be punished by imprisonment for not more than ten 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

1. On May 26, 2014, at around 23:00 on May 26, 2014, the Defendant attempted to commit fire to the present owner’s building and fire, “On the other hand, there exists a day-to-day labor day, and waiting for telephone at the home,” the Defendant did not contact with the land manager, and did not receive any telephone.

On May 27, 2014, at around 15:50 on May 27, 2014, the phone calls to the above sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-de

At around 16:00 on the same day, the Defendant gathered the leaflet to the floor of the room, and attempted to destroy a building used for residence by 8 persons, such as D (n, 64 years of age) with a one-time log fire in his possession. However, the Defendant moved the leaflet to the floor of the non-breadth and then failed to spread the water from the sponsor.

2. On May 27, 2014, the Defendant: (a) around 21:04, when he parked the Franco vehicle owned by E (the age of 47) in front of the Defendant’s home, the Defendant would not receive the Defendant’s telephone; (b) attempted to put the vehicle into the bottom of the said vehicle by putting it into the front part of the said vehicle by putting it out in the brue cremation site; (c) however, the Defendant failed to take the franco vehicle by taking out the cremation site of the said E, which was at the site.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Seizure records and photographs;

1. Automobile photographs, etc.;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (in the inside of the suspect's residence), and hearing reports;

1. Relevant Article of the Criminal Act, Article 174 of the Criminal Act, Article 164 of the Criminal Act, Article 164 (1) of the Criminal Act (the point of attempted fire-prevention of present building and the choice of limited imprisonment), Articles 174 and 166 (1) of the Criminal Act (the point of attempted fire-prevention of ordinary automobiles

1. Articles 25(2) and 55(1) of the Criminal Act for mitigation of attempted crimes

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