(영문) 인천지방법원 2014.04.10 2014고합107

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(영문) 인천지방법원 2014.04.10 2014고합107

현주건조물방화미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On October 14, 2013, at around 03:30, the Defendant argued with the wife D and under the influence of alcohol at his house located in Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, 2013, and tried to extinguish the said No. 303, which is used as a residence by putting a fire on the bee and e and e and e and e and setting a fire. However, the Defendant’s son in the ward did not go through the wind of extinguishing the fire by using water purifiers and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes to photographs of damage situations;

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. 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 sentencing criteria do not apply to an attempted crime of sentencing under Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

In light of the fact that the crime of this case was committed by the Defendant’s family members and was committed by attempted crimes, and that the risk of serious damage to the life, body, and property of another person was caused, the crime of this case cannot be deemed to be light.

However, under favorable circumstances, the defendant led to the confession of the crime of this case, his mistake is divided, the family members of the defendant at the scene of the crime do not want the punishment of the defendant, the crime of this case was committed as the attempted crime of this case since it was not spread, there was no loss of human life or damage to property, and there was no property damage, etc., the punishment as ordered shall be determined by taking into account all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character, character and behavior, environment, family relationship, etc.

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