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(영문) 부산지방법원 동부지원 2014.02.07 2013고합222
현존건조물방화미수
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

[Judgment of the court below] On November 20, 2013, the defendant was sentenced to a suspended sentence of two years on August 28, 2013 to imprisonment with prison labor for the crime of causing property damage in Busan District Court's Dong Branch.

【Criminal Facts】

On October 23, 2013, at around 10:49, the Defendant:49, in the Busan Urban Railroad 4 Line D Station located in the Busan Urban Railroad Co., Ltd., the Defendant, at around 15:00 before the 15:0 of the day before the E, informed the service personnel of his body and notified the reported customer's contact details in the subway, but the Defendant was refused due to personal information, etc. from E, and went back to the service office and the toilet.

At around 11:10 on October 23, 2013, the Defendant: (a) assembled a brupt stop at the entrance of a toilet for the foregoing reasons; (b) attempted to extinguish a railroad station by putting it back to the front side; (c) but (d) attempted to destroy a railroad station by putting it back to the front side; (d) but (e) attempted to detect and fire a smoke during the patrol of a brue. E during the patrol.

Accordingly, the Defendant attempted to destroy a fire-fighting station building in the existing market price by E, etc., but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A report on seizure, a list of seizure, and a report on investigation (with respect to attachment toCCTV and a photograph of seized articles);

1. Previous records of judgment: Criminal records, etc. inquiry report (A), report on results of confirmation of the absence of disposition, investigation report (Attachment to judgment, etc.); details of progress of trial; application of Acts and subordinate statutes of the judgment rendered in Busan Dong-dong-Support 2013 High and 2511 shall apply;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Legal provisions;

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