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(영문) 부산지방법원 동부지원 2019.06.28 2019고합81
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

However, 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

To the extent that it does not impede the defendant's exercise of the right of defense, part of the criminal facts were revised.

From December 23, 2018, the Defendant died in the building C of the Nam-gu Busan Metropolitan City, which was owned by the victim B (ma, 30 years of age) from December 23, 2018.

(Lessee E) On February 5, 2019, the Defendant, together with his cohabiting female E on February 22 and 40, 2019, her head and her head and knife with his/her head and knife with his knife with his/her knife with his/her knife with his/her knife with his/her knife together with his/her knife with his/her knife with

After that, the defendant was placed in a ward with a single-use gas string to commit suicide, but the defendant was not able to commit an attempted crime because a single-use gas stringr, which was placed in a ward, operated with a single-use gas string to commit suicide.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police in relation to E and B;

1. On-site identification reports and a statement of processing 112 declarations stated in the evidence list are deemed to be clerical errors.

Full certificate (C building No. 4), written estimate of damage, lease contract, etc.

1. Application of Acts and subordinate statutes to a report on investigation (such as the current state of fire-prevention and fire-prevention sites), reply to requests for cooperation in investigation, reply to requests for cooperation in investigation, and reply to requests for appraisal (2019-961 gene);

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to September, up to seven years and up to June;

2. The sentencing criteria shall not apply to an attempted crime, which is the scope of recommendations according to the sentencing criteria.

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