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(영문) 부산지방법원 2020.08.21 2020고합232
현주건조물방화미수
Text

Defendant shall be punished by imprisonment for a term of 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 a person who is living together with his/her mother D and her husband E in the Geum-gu Busan Metropolitan Government B and 1st floor C.

Around 12:20 on February 20, 2020, the Defendant: (a) purchased a poted coal with a view to having various personal difficulty, including having difficulty in economic conditions in the above residence; (b) placed the said pots in the end of the above residence; and (c) carried it into his room in the above residence; and (d) tried to extinguish the building used by the said D, etc. by setting the gate into the residence; (b) however, the sound of the fire-proof devices did not go against the wind of the above E with a view to extinguishing it, but did not go through an attempted attempt.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to reports on internal investigation (Attachment of photographs on site of crime) and reports on results of field identification;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Medical Treatment and Custody, etc. Act, and Article 2-3 (2) and Article 44-2 (1) and (2) and the main sentence of Article 44-2 (3) of the Medical Treatment and Custody, etc. Act ( comprehensively taking account of evidence in the market and all the circumstances revealed at the trial of this case, the defendant is a person who has a habit or is addicted to alcohol and has committed a crime punishable by imprisonment without prison labor or heavier punishment, it is deemed that the defendant needs to receive medical treatment, and that the defendant

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommendations on the sentencing criteria: An attempted criminal shall not be subject to the sentencing criteria.

3. Determination of sentence: Three years of suspension of execution for one year and six months;

A. Unfavorable circumstances are the Defendant’s brutified coal with a fire.

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