(영문) 수원지방법원 2018.07.05 2018고합161

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(영문) 수원지방법원 2018.07.05 2018고합161

현주건조물방화미수

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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From the Hanman on December 2017, the Defendant was living together with C and ASEAN’s spouse C and ASEAN’s 103th floor in Suwon-si, Suwon-si E and 103. On March 31, 2018, the Defendant had tried to commit suicide by the police officers belonging to the Suwon-gu Police Station of the Suwon-gu, Suwon-gu, who were dispatched to the site upon receiving a report 112 in the process, in order to transfer his spouse and children to social workers.

On March 14:50 on March 31, 2018, the Defendant told the police officer at the above residence that he would enter the house, and opened the entrance, he stored clothes and booms, etc. on the gas park located in the kitchen in the kitchen at the entrance, and attached the clothes and booms, etc. with a fire on the gas rail. However, upon finding that the entrance was postponed out of the house, the police officer did not have attempted to open the entrance by force and set the door and set the fire into the house, but failed to do so.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. A report on the results of field identification;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Reasons for sentencing under Articles 25 (2) and 55 (1) 3 (not applicable) of the Criminal Act to be mitigated by law;

1. Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. An attempted offender who is not subject to the sentencing criteria shall not be subject to the sentencing criteria.

3. In the building of this case where the defendant was trying to commit a fire, there was a possibility that many other households living in addition to the defendant may cause serious danger to human life and property.

The Defendant was unable to commit the instant crime and even before several months.

참조조문

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