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(영문) 수원지방법원 2016.02.02 2015고합269
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 22, 2015, the Defendant: (a) from around 23:36 to around 00:00 on the following day, the Defendant was aware of his wife in the Defendant’s residence of 104 Dong 1204-dong 1204, the Defendant’s business failure and other economic difficulties; (b) released the entrance to all of his families; (c) attempted to extinguish the Defendant’s residence by d’, etc., with gas string the oil to an inner bed sales unit lease after locking the entrance; and (d) attempted to extinguish the Defendant’s wife by d’s wife, etc. with the gas string to another place; (c) but (d) failed to carry the intention on the wind that became extinguishing by the fire officer before being moved to a different place from the Defendant’s wife; and (d) failed to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G (excluding the part concerning each of the statements of H and D);

1. Legal statement of a witness I;

1. A prosecutorial investigation report (Submission of suspect A-Submission of materials for construction), police internal investigation report (related to on-site investigation of a fire, relative investigation of fire officers for extinguishing a fire, and resident administration related to the time when a fire occurs);

1. On-site reporting on the results of meals, and reporting on the results of a fire reduction; and

1. Application of the police seizure protocol statutes;

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

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 in favor of the defendant among the grounds for sentencing);

1. Article 62(1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The summary of the claim is that the Defendant spawn oil in an inner bet lease and then did not contain gas rash with it. The Defendant was unable to spawn tobacco in an inbreath of alcohol while spawning tobacco in an inbreath of alcohol. However, the Defendant only spawn tobacco in an inbreath of alcohol.

2. The following circumstances, i.e., the Defendant’s wife D and his/her children H, together with C Apartment No. 104, 1204.

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