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(영문) 울산지방법원 2014.05.30 2014고합64
현존건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

except that 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 was an employee from October 2012 to November 2012 at the “E operated by the victim D in Daegu Jung-gu, Daegu-gu, as an employee.”

The above main building was used as the main store of the above 'E' for the first floor with the total 3 floors, and the first floor was the 'E' for the first floor and the second and third floors were the place where people are present at the above garment store at a low time as the place used as an entertainment drinking house.

The defendant was unable to receive monthly pay after leaving the above "E" point, and the defendant was flicking to the above main points.

On April 3, 2013, the Defendant purchased light oil in advance at the gas station near the above station, and entered the above station around April 14:23, 2013, and tried to set the light oil prepared in advance to the above station by placing it to the above station floor and small wave, and by attaching it to the suspension of the premium located outside the station. However, the Defendant reported the occurrence of flame, and attempted to commit an attempted fire by setting the fire to the entire point of the non-breadth, without moving the part of the fire to the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. A written statement;

1. Application of Acts and subordinate statutes to each investigation report, each internal investigation report, and field inspection results report;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning facts constituting an offense (the occupation of attempted fire-prevention of present building and the choice of limited imprisonment);

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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

1. The crime of this case on the grounds of sentencing of Article 62(1) of the Criminal Act is committed by setting fire to and attempted to destroy a building in which many people exist. In light of the risk of human life damage that may be caused by the crime, etc., disadvantageous circumstances, such as the very heavy issue, and the defendant’s mistake is against himself/herself, and the crime of this case is committed by the attempted crime of this case.

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