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(영문) 수원지방법원 안양지원 2019.03.15 2019고합4
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 31, 2012, the Defendant was sentenced to a suspended sentence of two years for the crime of destruction and damage to the main building at the inn branch of the Suwon District Court. On November 3, 2017, the Defendant was sentenced to ten months for the crime of attempted destruction and damage to the main building at the Gyeyang District Court, and the execution of the sentence was completed in the Gyeyang Prison on September 4, 2018.

Criminal facts

1. On January 5, 2019, the Defendant: (a) went under the influence of alcohol to “D operated by the injured party C” on the 0:15 Ansan-si B and the 1st underground floor of Ansan-si on January 5, 2019; (b) went into a female toilet room at the wall of the wall; (c) put a stringer into the toilet room at the wall of the cremation site located on the wall; (d) however, the victim, upon whom smoke was discovered, went into the toilet and attempted to cut water before leaving the toilet wall and the tent.

2. On January 6, 2019, around 23:53, the Defendant committed a crime at the same place as indicated in paragraph (1) around January 6, 2019, and attached a fire to the cremation case that the victim newly replaced, in the same manner as described in paragraph (1), but the fire officers, who discovered the postponement, sent the fire to the fire station by the victim who reported the fire to the fire station, did so before the fire officers dispatched the fire to the fire station.

Accordingly, the defendant tried to extinguish multiple singings such as victims, etc., with a total of twice, but attempted to commit an attempted building.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on the results of field identification;

1. Attachment of each CCTV photograph data and on-site photographs;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (applicable to judgments, etc. related to the same kind of power of a suspect);

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is heavier than that of Article 38(1)2 and Article 50 of the Criminal Act.

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