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(영문) 서울동부지방법원 2018.05.30 2018고합72
일반건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 29, 2018, the Defendant: (a) installed at the top door of the building owned by Seongdong-gu Seoul, Seongdong-gu and the victim D in order to repair the building by gathering fire, such as paper, etc. from the top door of the building owned by the victim, and attempted to extinguish the building by attaching a stringer; (b) however, the Defendant failed to realize the intention by the police officers dispatched after receiving a report from the FF 112, and failed to implement the project.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement concerning witness G;

1. Statement made by the police with regard to F;

1. 112 A list of reported cases;

1. Application of statutes on site photographs;

1. Articles 174 and 166 (1) of the Criminal Act relating to the facts constituting an offense;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Articles 25(2) and 55(1)3 of the Criminal Act regarding attempted mitigation

1. Summary of the defendant and his defense counsel

A. The Defendant, while smoking tobacco, did not put the paper on a brick by putting one string, seeing it on a brick, and did not put the paper on a string.

B. Since the Defendant’s place with fire attached and the outer wall of the building was sealed away from the distance, there was no intention to fire the building to the Defendant, and there was no intention to recognize that the building could be destroyed, i.e., doluence. There was no intention to allow the building, even though the Defendant knew that the building could be destroyed.

2. Seven jurors' verdicts (seven jurors).

(a) Recognition as to whether or not the defendant intends to cause fire by gathering papers, etc. - Five persons - Two persons in non-recognition;

(b) Whether the defendant had an intention to destroy a fire - seven persons;

C. Conclusion - Reasons for sentencing seven (one unanimous) persons

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The sentencing criteria shall not apply because the scope of the recommended punishment according to the sentencing criteria is minor.

3. Opinions on sentencing for jurors (seven jurors);

(a) 1 year: Imprisonment with prison labor for 6 months to 1 year: one person; two persons (one of them shall be punished by imprisonment with prison labor for one year or more;

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