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(영문) 서울동부지방법원 2020.08.28 2020고합214
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was divorced from the victim B (here, 47 years of age) and about one year prior to the lapse of 13 years of age, was living together with the victim and his father in Songpa-gu Seoul, Songpa-gu, Seoul, where the total of 13 households reside due to the lack of alcohol addict and the place to send

On July 5, 2020, the Defendant: (a) around 12:30 on July 12:30, 2020, when the victim’s dwellings were taken out KRW 50,000 from the victim’s wall, and (b) made the victim’s clothes in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the instant term, and (c) made the victim feel a large voice, (d) sought a drama, and (e) sound

On the other hand, the Defendant continued to cast fire within the house and died as the victim, and opened a stop that took place with the kitchen stop, and puts a fire on gas bags after leaving the stop. On the other hand, the Defendant tried to remove the clothes of the Defendant located in front of the front of the front of the front of the front of the front of the front door of the front door by setting the victim’s house into a plastic finite with the front of the front of the front door of the front door, but the Defendant did not come to a wind that is naturally advanced without any further length from the bottom of the plastic finite with the front of the front door of the front door of the front door.

Thus, the defendant tried to fire a structure owned by a victim who was used as a residence by setting fire, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Act and subordinate statutes on site photographs of the report on internal investigation (a detailed statement attached to the report on 112 case processing), report on internal investigation (Attachment to field photographs) 112, to the report on internal investigation (Attachment to

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;

1. Scope of applicable sentences under law: Imprisonment with labor for a year from June to February 15.

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