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(영문) 수원지방법원 2013.05.14 2012고합595
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On May 23, 2012, the Defendant: (a) around 11:48, the victim D, and E, the wife population C 103, and the victim E, who had fluened with the Defendant, were informed of the Hagueer and continued contact; (b) opened the entrance door and opened the entrance door in the house with the mind to fire the dwelling by attaching fire to the clothes in the said victims’ house; and (c) intrudes the victims’ house into the house; and (d) stored the clothes of the Defendants in the inner clothes inside the house and stored them inside the house; and (d) destroyed the victims’ residence by setting the clothes on the floor of the Defendants, which were located adjacent to the bed, but the Defendant attempted to spread the victim’s residence by putting the clothes into the bed and setting it out. However, the Defendant attempted to drink the fluench by drinking drinking water and dusting water.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Seizure records;

1. Application of investigation reports (general), on-site photographs statutes;

1. Relevant Articles 174 and 164 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment), which relate to the relevant criminal facts, and Articles 174 and 164 (1) of the Criminal Act, which choose the penalty;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up for concurrent crimes with the punishment determined for a grave building with heavier punishment (to the extent that the punishment is added up for the last two crimes));

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act committed the crime of this case on the grounds of suspended sentence was committed by the Defendant by intrusion upon the victims’ residence, and by attaching the victims’ clothes to the clothes, and thereby, attempted to commit a fire to a multi-household housing building used as a residence. However, if the crime was committed during the attempted crime but the fire was moved to another building, a large number of people’

The defendant confessions the crime of this case and reflects the wrongness, the victims do not want the punishment of the defendant, and the defendant.

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