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(영문) 부산지방법원 서부지원 2018.03.22 2018고합25
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On January 15, 2018, at around 05:05, the defendant's house located in Busan Northern-gu C and 202, and the defendant's mother and female her mother were in harmony with other people on the ground that her mother and female her mother were influent with the defendant without the defendant's convenience, and her mother and female her mother were fluent with the defendant outside of the damaged house.

Accordingly, the Defendant, using a disposable dog prepared in advance, put in a part of the arms of the sprinker who is suffering from a sprink, but was sprinked with water in a bath room because it may increase the length of the sprink up to the sprink.

Thus, although the defendant tried to extinguish a building used as a residence by setting fire, he was to have attempted to commit the crime by himself.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the results of field identification;

1. Application of statutes on the details of on-site photographs, on-site photographs, and Kakao Stockholm dialogues;

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Statutory mitigation under Articles 26 and 55 (1) 3 (Attempted Suspension) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (hereinafter referred to as "the above favorable circumstances") is an attempted attempt of the defendant to extinguish a building by setting fire to a large number of people's residence by setting fire to his/her dwelling room, and the criminal liability is not easy in that there was a risk of causing serious damage to the lives and property of many people due to the spread of the fire.

However, the defendant voluntarily suspended the crime by putting the fire to the floor, and the damage caused by the crime is part of the floor.

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