(영문) 서울남부지방법원 2019.02.20 2018고합625

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(영문) 서울남부지방법원 2019.02.20 2018고합625

현존건조물방화미수

Text

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

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

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

On March 5, 2018, the Defendant: (a) around 23:00, the Guro-gu Seoul Metropolitan Government “B Building” (the 6th and 20th underground floors, parking lots from the 6th to the 2nd underground floors, the 1st underground floors, and the 118 household units living in the restaurant, the 2nd to the 19th underground floors, and the 118th apartment units from the 19th underground floor); (b) stated that C’s entry into the “Duding room” of the operation of the 1st underground to the customer; (c) but C did not have any way to see; (d) the Defendant did not have any way to remove the 1st underground floor from the singing room to the 1st underground floor; (e) around March 6, 2018, at the singing room, the Defendant sing the above fact that C had any cigarette with the string of the string with the string of the string with the string of the fire.

Accordingly, the Defendant tried to fire all the 1st floor of the underground floor of the building in question, where employees and customers are present, by burning the entire 1st floor of the building at the market price of the existing building. However, the Defendant did not commit an attempted crime but did not commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C (No. 11,14);

1. Each police investigation report (number 10, 12);

1. Protocol of seizure and list of seizure (No. 6,7) of the police;

1. Application of Acts and subordinate statutes, such as field and photo of a reporter, and photo of a place of occurrence (No. 1,13)

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

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. Suspension of execution is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.

참조조문

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