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(영문) 청주지방법원 2013.05.03 2012고합337
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On June 29, 2012, the Defendant: (a) around 23:30 on June 29, 2012, the 3rd floor building in Cheongju-si, a considerable amount of Cheongju-si, was under the influence of 202 building 3rd floor in Cheongju-si; (b) on the part of the Defendant, the Defendant was under the influence of her dwelling, and caused a dispute with her wife by telephone; (c) on the part of her dwelling, she destroyed the glass of the building equivalent to KRW 50,00,000 at the market price of the victim D.

2. 현주건조물방화미수 피고인은 제1항 기재 일시, 장소에서 제1항 기재와 같이 화가 나 피고인의 집 안 가재도구를 위 건물 복도를 향해 던진 뒤, 위와 같이 건물 복도를 향해 던진 이불에 소지하고 있던 일회용 라이터로 불을 붙였으나, 건물 전체로 불이 번질 것을 염려하여 집 안으로 들어가 바가지에 받아 온 물을 위 이불에 부어 불을 껐다.

Accordingly, the defendant tried to destroy a building used as a residence by setting fire to a building used as a residence, and attempted to stop by himself.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reporting on the occurrence of the case, and the application of the statutes governing site photographs;

1. Relevant provisions of the Criminal Act and Articles 366 (Destruction of and Damage to Property, Selection of Imprisonment), 174 and 164 (1) of the Criminal Act concerning criminal facts (the fact that the present main building, the attempted crime is committed, and the choice of a limited term of imprisonment);

1. Articles 26 and 55(1)3 of the Criminal Act to be suspended (as to the crime of attempted fire-prevention of the present residential building)

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment of the above two crimes, which is heavier than the punishment);

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the ground of sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is a building where the defendant under the influence of alcohol destroys another's property and furthermore resides in another person.

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