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(영문) 광주지방법원 해남지원 2017.01.11 2016고합52
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

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

seizure.

Reasons

Criminal facts

On September 20, 2016, the Defendant, at around 11:40 on September 20, 2016, sent a string to the house on the ground that (A) the Victim D apartment of the Namnam-gun, Inc. (hereinafter referred to as “A”) 303 had a fighting with the victim and the husband and wife, and put a string to the string string string string string string string string string string string string string string string string string string string string string string string strings

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of field photographs);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for September through July; and

2. The sentencing criteria shall not apply to an attempted crime of the current owner's building or an attempted crime of fire prevention.

3. As the Defendant, while disputing the victim, attempted to prevent a fire to the house in which the victim was in dispute, resulting in considerable danger to the safety of the victim and the general public, the punishment for such crime is not less complicated.

On the other hand, the defendant recognized his mistake and caused a contingent crime while disputing the victim.

In addition, the crime of fire prevention was committed in an attempted attempt, the injured person wants not to have the punishment of the defendant, and wants to have the wife, and there is no record of the crime against the defendant.

The punishment is determined as ordered in consideration of the above circumstances, the age and conduct of the defendant, the motive and circumstances of the crime, the circumstances after the crime, etc.

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