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(영문) 서울서부지방법원 2018.01.24 2017고합361
공용건조물방화미수
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2017, around 01:04, the Defendant entered a female toilet in the Eunpyeong-gu Seoul Metropolitan Government Eunpyeong-ro 15-lane 15-gil, which is managed by the Eunpyeong-gu Office.

A person tried to extinguish a toilet, which is a public structure, by attaching a fire to a stop in the stop tank by using a cigarette, but failed to spread in a fluence.

2. On August 1, 2017, around 23:20, the Defendant: (a) entered a male toilet in the park as indicated in the foregoing paragraph 1, and attempted to burns the above toilets, which are public structures, by attaching fire to a stop that was in a stop tank in an in an insular manner; (b) but (c) was fireed by the firemen dispatched after receiving a report.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes on CCTV suspect photographs, damaged toilets photographs, clean administrative of Eunpyeong-gu, closure photographs of CCTV images, closure photographs of CCTV for crime prevention, and closure photographs;

1. Relevant provisions of the Criminal Act and Articles 174 and 165 of the Criminal Act concerning facts constituting an offense (Selection of Imprisonment with prison labor for a limited term);

1. Reduction of attempted punishment: Article 25 (2) and Article 55 (1) 3 of the Criminal Act;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37 and Article 38(1)2 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for the attempted crime of a structure for public use on or around August 1, 2017, with heavy punishment),

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The defendant and his defense counsel asserts to the effect that the defendant had a physical and mental weakness due to shock disorder at the time of committing each of the crimes in this case.

The phenomenon of preventing a crime due to his/her failure to restrain his/her impulse is likely to be found even to the normal person, and he/she is against a person who has such character defect, unless there are circumstances of the special group.

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