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(영문) 대전지방법원 2014.09.18 2014고합262
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a person who is working as the police assigned for special guard in the Geumsan-gun Office.

1. On March 24, 2014, at around 22:10 on March 24, 2014, the Defendant returned home in front of the building of a community credit cooperatives Sung-dong branch of Daejeon Daejeon, No. 368-ro 43, the Defendant left home, without any justifiable reason, with a banner which was in possession of the banner which was suffering from the right window on the right side of the place, but was found to have been attempted by discovering and extinguishing the nameless female who was in progress.

Thus, the defendant tried to fire a general structure by setting fire, but did not commit an attempted crime.

2. At around 22:35 on the same day, the Defendant posted a twitter, which was in possession of a postal item No. 306, on the first floor of EF, one’s residence in Daejeon-dong-gu, Daejeon-gu, with a twitter, which was in possession of a postal item No. 306, but was attempted by the Victim F, who is the owner of the building at the same place, by discovering and extinguishing it.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Investigation report (to hear statements from victims);

1. On-site photographs (Eth floor);

1. Application of the Acts and subordinate statutes to photograph the suspect's scene of crime (a CCTV image closure in a Saemaul safe);

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act (the points of attempted fire prevention of present building and attempted fire prevention) and Articles 174 and 166 (1) of the Criminal Act (the points of attempted fire prevention of general buildings) of the same Act concerning criminal facts;

1. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment determined for a grave building, structure with heavier punishment), among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following factors) is the life, body, and property of a person.

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