logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2020.02.11 2019고합315
현주건조물방화미수
Text

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

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:10 on August 21, 2019, the Defendant, at the dwelling space of the Defendant located in Ansan-si B underground No. 2, was under the influence of alcohol and was used as an cerebral cerebrovascular for about 20 years before he/she was under the influence of alcohol, and was under the burden of repair.

The body of the Defendant, who is in charge of smelling from his will, put a fluor into a paper by using gas bags, put it on the floor, and put it on the floor of the living room. However, while the fluor was cut off and partly melted, the Defendant's son, who is in charge of smelling, laid off the water.

Thus, although the defendant tried to fire by setting fire to the dwelling of the defendant, D, etc., he did not bring about such intent but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a fire;

1. A detailed statement on processing reported cases;

1. A report on investigation (or counter investigation, etc. by a reporter) and a report on investigation (or telephone call by a reporter);

1. Application of Acts and subordinate statutes concerning the case

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2.The sentencing criteria are not applicable in the case of attempted crimes, but the sentencing criteria are as follows in the case of the number of seasons:

[Determination of Punishment] The General Criteria for Fire-Fighting Crimes [Type 1] Fire-Fighting in front buildings, etc., Fire-Fighting in public buildings, etc. (Special Convicts): In cases where actual damage is minor, in cases where punishment is not imposed or considerable damage has been recovered, (in the area of recommendation and recommendation range] Special mitigation area, 9 to 3 years of imprisonment;

3. The building in which the Defendant committed the instant crime is a multi-family house with a total of 12 households, and the E surrounding areas of the building where the building is located, if the multi-family house has been built with a thickness, and the apartment house is fixed properly.

arrow