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(영문) 대구지방법원 2016.07.01 2015고합436
공용건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

A seizure warrant shall be confiscated.

Reasons

Punishment of the crime

On July 22, 2015, around 21:36, the Defendant: (a) around the 1st entrance of the D Station located in Daegu Dong-gu, Daegu-gu; (b) was flicked in front of the D Station; and (c) was subject to a disposition of penalty payment from a railroad police officer, the Defendant was flicking in the D Station; (c) was flicking in the D Station history; (d) was flicking the gasoline in the PT bottle prepared in advance on the square floor; (d) was flicking the gasoline into the square floor; and (e) was flicked to the flick so that the flick can be destroyed by setting the flick. However, the Defendant did not put the flick, but did not commit an attempted crime.

Thus, the defendant tried to fire a structure used for the public interest, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. On-site reports on the results of meals;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 165 of the Criminal Act concerning the selection of criminal facts;

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven months from September to June;

2. Scope of recommended punishments on the sentencing criteria: Omission of the sentencing criteria.

3. Determination of sentence: Imprisonment with prison labor for one year (unfavorable circumstances) and a fire-fighting crime committed against a large number of people, and thus, there was a risk of serious damage.

It is a planned crime that has prepared gasoline in advance.

The defendant has a record of crimes exceeding about 20 times, including having been sentenced several times due to violence, bodily injury, etc.

[The favorable circumstances] The crime was committed against the attempted crime, and there was almost no damage.

The defendant shows his attitude to recognize crimes.

In addition, all the sentencing conditions that appear in the records and arguments such as the defendant's age, sex, environment, family relationship, etc. shall be considered.

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