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(영문) 수원지방법원 안산지원 2018.05.24 2018고합115
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On January 22, 2018, the Defendant, while under the influence of alcohol on the first floor of the victim E owned by the victim E, who is residing by D in Silung City C, around 04:30 on January 22, 2018, thought that the Defendant her fire without any justifiable reason.

Accordingly, Defendant 1 attached a signboard on a balloon-type advertising signboard that is located in the front of rubber materials with which the owner can not be identified by using a disposable dog in possession of the Defendant. However, as a result of contact with the front part of the stairs of the first floor, Defendant 1 exceeded the clothes of Defendant 1, who was sicker, and sent out after receiving a report in 119, the fire officer called out after receiving a report.

Thus, although the defendant tried to fire a building used as a residence by setting fire, he did not commit an attempted crime by preventing the result.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A report on the results of field identification;

1. Application of statutes on CCTV photographs in the case;

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

1. Attempted mitigations under Articles 26 and 55 (1) 3 (Suspension) 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. Article 62(1) of the Criminal Act provides that the sentencing guidelines shall not apply to a person who has not been applied on the grounds of the suspended sentence, since the reason for sentencing is not the same.

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. The Defendant, who was under the influence of alcohol, attempted to fire a building in which a person had resided without any particular reason, and the above crime is deemed to be somewhat liable for the Defendant’s liability in consideration of the fact that the risk of serious harm to human life or property and the nature of the crime is not good;

shall not be deemed to exist.

However, the fact that the defendant recognized the crime and reflects his mistake in depth, and that the defendant voluntarily extinguishs his own fire to prevent the spread of damage.

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