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(영문) 대구지방법원 서부지원 2018.11.08 2018고합177
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On April 28, 2018, the Defendant, at around 18:35, 2018, carried the 4th floor of “E Loan” owned by D in Daegu-gu, Seogu, Daegu-gu, attached waste and clothes accumulated in front of the 40 door of the F’s residence, and attempted to burns a building used as a residence by a person, but did not achieve its intent by placing the wall, ceiling, floor, etc. of the fourth floor of the wall, ceiling, floor, etc., of the building used as a residence.

2. On April 28, 2018, the Defendant: (a) around 18:21, the second floor of the building G in Daegu-gu, Daegu-gu; (b) attached a 20st floor of the 17th floor of the 20th floor of the gu, Daegu-gu, and the 20st floor of the 20st floor of the H residing with the 20st floor of the H, and attempted to extinguish a structure used as a residence by setting fire to the structure used as a residence; (c) but (d) did not bring the 20st floor of the 20st floor of the

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. On-site photographs, criminal tools photographs, black stuff photographs, black stuffs video CDs, field inspection photographs, CCTV photographs, CCTV video CDs;

1. Written estimate;

1. Application of the statutes governing seizure records and the list of seizure lists;

1. Relevant provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the crime (the fact that each present building is attempted to prevent fire and the abandonment of imprisonment);

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the 1st suspender building, fire prevention, which has a heavier holding of the circumstances);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-two years; and

2. Application of the sentencing criteria: since they are exemplarys, they shall not be subject to the sentencing criteria;

3. The crime of making a sentence of punishment shall be determined by a large fire and shall cause enormous damage to human life, property, and social loss;

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