logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.12.22 2015고합156
현주건조물방화미수
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been residing in 310 Esiwon who is used as a residence in Songpa-gu Seoul Metropolitan Government D, etc.

On June 23, 2015, the Defendant: (a) around 01:40 on June 23, 2015, in the state of lacking the ability to discern things or make decisions due to alcohol inducement mental disorders, attached a number of cases using a one-time dog in possession on the ground that he appears to have returned to the Defendant; (b) the Defendant attempted to extinguish the said public official by putting a fire on the part of the bed, using a fluent unit, using a fluent unit with a fluent unit; (c) however, the Defendant did not commit an attempted crime without having compliedd with D’s corresponding intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Application of investigation reports (related to the reporting person of the 112 case), field photographs statutes;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The sentencing criteria shall not apply to an attempted crime; and

3. Determination of sentence: The crime of this case committed for a period of one year and a half-year suspension of the execution of one year and six months is committed by the defendant by putting fire to the entire building by attaching fire, etc. inside the notified party building. The notified party building that the defendant wants to cause fire is a building in which many people live, and the risk of serious harm to human life or serious damage to property was high.

In light of these circumstances, the criminal liability of the defendant is not against the law.

However, the defendant is a alcohol inducement mental disorder.

arrow