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Reasons
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(영문) 수원지방법원 2020.01.09 2019고합539
현주건조물방화미수
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On June 27, 2019, from around 19:22 to 21:01 on the same day, the Defendant, on the ground that the Defendant wanted to die by △△△△△△△△△, she laid off a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a building, even though being aware that the flus

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. C’s statement;

1. On-site reports, field photographs, etc.;

1. Application of Acts and subordinate statutes to report on investigation (written statements of a suspect and comparative analysis of field photographs);

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. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing)

1. The gist of the assertion is that the Defendant had no intention to move the body of the woman-friendly Gu from the body of the Defendant as if he were to commit suicide, and there was no intention to move the body into the telecom.

Therefore, it cannot be viewed that there was an intentional intention to prevent a fluorial building.

2. Determination

A. As a subjective constituent element of the crime of current legal doctrine, an intentional act refers to the perception of setting fire to a building in which a person exists, and there is sufficient awareness that the occurrence of a fire may result in an independent lawsuit of an object, i.e., the prediction of the occurrence of a fire.

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