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(영문) 광주지방법원 순천지원 2019.09.19 2019고합49
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

At around 02:30 on June 8, 2018, the Defendant came to have “D” building owned by Da, Jeonnam-gun, Jeonnam-gun, and attempted to remove waste after dusting into a bag containing garbage that had been placed on the left side of the entrance of the above building, and to put the namelight boxes on a bowling fluor card attached to the bowling fluor card which had been left before the entrance of the above building, but the Defendant attempted to extinguish the above building due to a studio, etc., but did not go to the wind that the witness of the building reported the flue road on the spot, and did not go to the end.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on internal investigation, a letter of order for mobilization, and a letter of order for mobilization;

1. Reports on internal accidents (in the same manner with the results of DNA detected by the defendant's DNA and on-site oil), and genetic assessment reports;

1. Reports on internal accidents (Attachment to all the registered matters of the D building which is the place of fire-generating);

1. Application of the investigation report (a CCTV image that the defendant moves to the scene) and the application of the Acts and subordinate statutes to capture CCTV images around the west, Ycheon-distance CCTV;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommending sentencing criteria: The sentencing criteria shall not apply to an attempted crime.

3. Circumstances disadvantageous to the determination of sentence: waste left on the side of the entrance of the building due to an economic concern related to a horse, dispute with the owner of the bowling place business, which is not good in light of the method and content of the crime;

In particular, at night.

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