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(영문) 전주지방법원군산지원 2020.12.24 2020고합140
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

On August 20, 2020, the Defendant, at around 13:30 on August 20, 2020, tried to have a de facto marital relation D and an economic problem at the Defendant’s residence located in the Gunsan B apartment C, and tried to extinguish the place of residence by setting fire, and put the clothes, such as the above D’s thrts, on the gas strings located in the country, and attached to the gas string. However, upon receipt of a report, the police officer failed to have the intention of extinguishing the place of residence by fire extinguishing and attempted to do so.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's protocol of statement D on the defendant's legal statement;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Mitigation of attempted punishment under Articles 25(2) and 55(1)3 of the Criminal Act (see Articles 53 and 55(1)3 of the Criminal Act) (see, e.g., Supreme Court Decision 25(2) and 55(1)3 (see, e

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical disability, which lacks the ability to discern things or make decisions.

2. According to the evidence duly adopted and examined by the court of this case, the defendant was diagnosed on September 4, 2020, which was after the crime of this case, under the medical examination of the name of "Jaule Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-un

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for a period of nine months to seven years and six months;

2. An attempted criminal who is not subject to the sentencing criteria, and thus the sentencing criteria are not applicable.

3. Determination of sentence:

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