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(영문) 의정부지방법원 2021.01.15 2020고합289
현주건조물방화미수
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 14, 2020, the Defendant attempted to break fire to the suspender building on June 14, 2020, when he accumulated a front door on the apartment stairs in front of the door door in which the victim C residing in the △△△ apartment located in the Dong △△△ apartment located in the Dong △△△ apartment at the government around 21:40 on June 14, 2020, he saw the fire by spreading it into a gas-fighting engine and setting it into the fluor in the process of moving it into the fluor.

Accordingly, the defendant tried to fire a building in which people live, but attempted to do so.

2. On June 16, 2020, the Defendant attempted to commit fire to the present owner’s building on or around June 16, 2020, sent a fire to the front door of the said victim’s house in front of the front door of the said victim’s house and moved the fire to the front door of the fluor in the process of moving the fire to the front door of the fluor, thereby extinguishing the fire.

Accordingly, the defendant tried to fire a building in which people live, but attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report of each simplified statement D and C (investigation, etc. by residents of the relevant witness E);

1. Application of Acts and subordinate statutes to photographs of each site, evidentiary materials and photographs sent by C to each victim;

1. Relevant legal provisions concerning the facts of crime, and Articles 174 and 164 (1) of the Criminal Act concerning the selection of punishment (the fact that the present building and the attempted crime of fire prevention, and the choice of abandonment of imprisonment);

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for the attempt to prevent the present main building on June 14, 2020, with heavier punishment)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances that are favorable to the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to twenty-two months;

2. Since the sentencing criteria are not applicable yet, the sentencing criteria shall not apply.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and three years of suspended sentence; and

A. The circumstances favorable to the defendant are as follows:

It seems to have committed an contingent crime while suffering from intellectual disability.

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