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(영문) 서울중앙지방법원 2015.11.27 2015고합808
현주건조물방화미수
Text

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

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 June 19, 2004, the Defendant got married to D and was asked for divorce from around 2014 to move separately from home in order to make a marriage. From around 23:00 on August 29, 2015, the Defendant sent D a Kakakakao text message to D but there was no answer, and purchased three copies of the Makao oil at the convenience store.

On August 30, 2015, at around 00:50, the Defendant, in front of the business territory wherein Dongjak-gu Seoul Metropolitan Government E and D in No. 202 reside, distributed three copies of the ground-based oil purchased as above into the front stairs in the front of the suspender, and then, the Defendant, from a bank, tried to put up a paper A4 that added A4 to a air-condition pipe hole in the front of the front door with a fire from a locker in the front of the suspender.

However, F, the owner of the house, was fireed without being moved to the inner wall of the sunlight, which was attached to the inside of the entrance, on the wind of the string and extinguishing the string door.

Thus, the defendant tried to fire a structure used as a residence by setting fire, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

Defendant’s legal statement

Article 174 and Article 164 (1) 3 of the Criminal Act (Selection of Imprisonment), Article 53 and Article 55 (1) 1 of the Criminal Act (including favorable sentencing conditions among the reasons for sentencing following the following), Article 62 (1) 1 of the Criminal Act ( considered favorable sentencing conditions among the reasons for sentencing) of the Act on the Suspension of Execution of Sentence 62 (1) of the Criminal Act (Article 62 (1) 1 of the Criminal Act on the grounds for sentencing of Article 48 (1) 1 of the Criminal Act does not apply to a criminal attempt to the extent of imprisonment with prison labor for a period of one year and six months to fifteen years under the Act on the grounds for sentencing of Article 48 (1) 1 of the Criminal Act.

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