(영문) 청주지방법원 제천지원 2015.10.16 2015고합37

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(영문) 청주지방법원 제천지원 2015.10.16 2015고합37

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2015, around 20:45, the Defendant found D(28 years of age) out of the 102 door room in the E-owned multi-family housing building where D(28 years of age) is residing, and found D(102) room in which D(102) is residing. However, on the ground that D’s opening of door is not possible, the Defendant moved 50 km LPG gas through the 102 room in the 102 room. After deducting ice from the 102 room, the Defendant laid off the above 102 door door, 102 entrance, entrance number, and entrance door number, and the 102 door door door to the 102 door. However, the Defendant did not move to the building.

Thus, the defendant tried to fire a building in which people exist, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on generation, photographs, internal investigation reports, investigation reports, copies of written statements;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., was that the Defendant, in the state of his takings, destroyed another’s residence by using the LPG gas source without any particular reason, and the Defendant attempted to commit an attempted crime. In light of the method and content of the relevant crime, the nature of the crime is not weak.

In addition, considering the fact that the crime of fire prevention is a serious crime that is not merely causing property damage, but is a serious crime that may cause enormous human life damage and social loss, it is necessary to punish the defendant strictly.

However, even though the crime of this case was attempted, the damage was not much serious.

참조조문

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