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(영문) 청주지방법원 제천지원 2016.08.19 2016고합26
현주건조물방화미수
Text

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2016, the Defendant was living together with the victim D (n, 30 years of age) on the second floor of the house located in Ycheon-si, and was living together with the victim D on May 29, 2016. At around 03:30 on May 29, 2016, the Defendant intending to fire the above house by setting fire to the living room floor by attaching a fire to the paper with the victim going out of the house, but the victim tried to do so by setting fire to the living room with a fire to the outside of the house. However, the victim, who was living inside the house, reported that the smoke has come out, requested the Defendant to extinguish the fire. The Defendant was able to take part of the dwelling room, container, etc. by inserting the fluened paper with the water taken by smell, and did not reach the fire of the above house.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Explanations, investigation reports (Attachment of photographs), and the application of Acts and subordinate statutes on accompanying materials;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Sentencing is not applicable as it is a crime with the reason of sentencing under Article 62-2 of the Criminal Act of the community service order.

The crime of this case is nothing more than the attempted attempt of the defendant to get off his house, and if the length of the crime of this case has significantly spread, the defendant's responsibility cannot be deemed to be less than the defendant's responsibility in that it could cause serious damage to the lives and property of many people.

However, the Defendant committed the instant crime in a contingent manner on the grounds that the victim in a de facto marital relationship drinks alcohol and smokes tobacco in a pregnant state, and the Defendant himself/herself snicked with smelling water, and thus the fire did not spread.

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