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(영문) 부산지방법원 서부지원 2017.07.20 2017고합47
현주건조물방화미수
Text

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

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

Reasons

Criminal facts

On January 30, 2017, at around 22:19, the Defendant used the Defendant’s residence of the 302-dong 1505-dong 302-dong 1505, Busan Northern apartment, to assault and assault the Defendant’s children, and the police officer called out to the Defendant’s 112-report at the Defendant’s wife and take measures for prevention. The Defendant used the Defendant’s assault against the Defendant’s son to set the fire in his residence, and used the Defendant’s son and her wife to take measures for prevention.

“ 112 reported.”

Accordingly, the 16 police officers belonging to the Busan Northern Police Station and 14 fire officers of the Geumbu Fire Station 119 Safety Center Fire Officers, who are called out, but the defendant will open the door and leave the door.

“Influence” and “influence” shall be deemed to have died.

The sound of “,” etc. was not opened, and the door was he prepared to fill up several strings in front of the entrance, and replaced with the police officer dispatched.

In this day, the Defendant, at around 23:17 on the same day, attached the paper he stockpiled in the above residence as above, as a one-time log to the string house, and then "in the same day."

It is well active.

"A person, k.." who opened the door, "a person, k.", and a police officer on the farcing a farcing way, setting fire as soon as a fire extinguishing machine, and setting a 4-day farc on the farc in the farc, but did not set a farc in the residential building.

Thus, although the defendant tried to destroy a structure used as a residence by setting fire, he did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation report (to hear statements from police officers in charge and report);

1. 112 Reporting case handling table;

1. Application of statutes on site photographs;

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances required for the following sentencing grounds) are as follows.

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