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(영문) 서울북부지방법원 2019.07.12 2019고합117
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

The defendant's crime history room (it is not a residence but a existing building. Fire attempted) confirmed a civil judgment to remove part of the unauthorized building in relation to the unauthorized building located on the land B, C, and D in Seoul, Dobong-gu, Seoul, and that the defendant should remove part of the above unauthorized building. On the ground that the right to use the land for each of the above land is not recognized, the defendant was lost in a lawsuit seeking confirmation of the right to use neighboring land, and the defendant did not want to fire the Dobong-gu Office in order to inform the press of the situation that the defendant detained.

On April 12, 2019, around 14:52, the Defendant moved 656 with the Dobong-gu Seoul Metropolitan Government Ma, and female toilets of 7th floor of Dobong-gu Office 7th floor of Dobong-gu Office, and tried to store petroleum prepared in advance to the stop box by attaching fire to the stop box, and to store the above structure in the stop box by attaching fire to the stop box. However, the Defendant did not have attempted to do so by a public official belonging to the above Gu office that found it, but did not go through an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (in cases of attaching a field photograph, purchasing disposable gas gas prior to the criminal suspect's act, scenes scephical extraction photographs on the escape ground, inspection of a suspended oil certificate, hearing the statement of a police officer dispatched to his/her residence, hearing the statements of the staff of Dobong-gu Office related to fire

1. Application of the 112 Reporting Report, the 112 Reporting Report, the records of seizure, the list of seizure, the photographs of seized articles, and reports on the results of field identification to statutes;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation 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 law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing criteria:

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