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(영문) 대구지방법원 2017.12.15 2017고합490
현주건조물방화미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On August 28, 2017, at around 19:45, the Defendant: (a) sent to an emergency room at the E Hospital located in Cheongdo-gun C, the victim D; (b) was under the influence of alcohol, but was sent to the emergency room at the 119 first-class hospital; (c) refused medical treatment; and (d) entered the said warehouse and tried to extinguish the said hospital where the hospital employees and the patients are located, but the Defendant did not discover the said hospital and attempted to extinguish the said hospital by putting the said hospital into a single-use throwter on the paper string, but the Defendant did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes to a report on internal investigation (the securing of a base of fire proof articles, taking on-site photographs), and report on investigation (the attachment of a written estimate for damage);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Determination of sentence: One year and six months of imprisonment, and the crime of this case with a suspended execution of three years is committed by the defendant on the warehouse of the E hospital, and if the defendant did not immediately extinguish the material of the E hospital, the crime of this case could cause serious damage to the life and body of many people who were in the hospital if he did not do so, the crime of this case is not easy.

However, the Defendant committed the instant crime under the influence of alcohol, and immediately after the commission of the crime, the employee of the said hospital did not break out the fire on the building, and the property damage caused thereby is also minor.

In addition, the defendant is recognized as committing the crime of this case and is in profoundly against the depth, and is given hospital treatment as a person with disabilities of class 5 without delay due to alcohol dependence, etc., and is subject to a fine twice for this crime.

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