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(영문) 서울동부지방법원 2019.04.26 2019고합61
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

except that 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 December 23, 2018, at around 06:00, the Defendant tried to extinguish the above residential structure by setting a string, stringing off with D who is the main partner, and string off on the gas string in the above residential area. On December 23, 2018, the Defendant tried to extinguish the above residential structure by setting a fire to the floor board with a fire on the string, string, paper, etc. of the front floor of the embankment, with a string, paper, etc. attached to the front floor.

However, the Defendant reported to 112 and 112, as a result, a large amount of smoke from a fluoring fluor and floor board, and a large amount of fluoring water, and fluoring the fire caused by the Defendant.

Accordingly, the defendant was trying to fire the above structure owned by 14 people living in 8 households and used as a residence, and attempted to commit the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. Scope of recommendations on the sentencing criteria: An attempted criminal shall not be subject to the sentencing criteria.

3. The circumstances in which the defendant, who was sentenced to the sentence, moved in by 14 households in and used as a residence, tried to commit a fire to a structure that is used as a residence, are disadvantageous to the defendant, but it appears that the defendant did not have much damage by drinking and drinking hot water after putting the fire, the defendant did not have a criminal record, and the defendant planned the fire prevention of this case in advance;

2.3.2

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