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(영문) 광주지방법원 2014.04.10 2014고합49
현존건조물방화미수
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

On October 22, 2013, at around 05:35, the Defendant, at around 05:35, administered the victim D (n, 64 years of age) to the “Emburine” room 207, operated by Gwangju Mine-gu, with a woman on the name-free female, known to and inside the city, tried to talk with the female, while having the son left the apartment, with the Defendant’s wife’s wife’s wife, and attempted to commit suicide by unleashing the telecom between the Defendant and his wife’s wife, at around 06:49 on the same day, the instant victim and his family members, who were in possession of the victim and his name, tried to use the above 1st floor and the 6th floor, where the victim and his family members on the name were currently in possession of the victim, and tried to use the above Maburian fire extinguishing system, but all of the victim and his family members, who were in possession of the fire and the above Maburian fire extinguishing.

Thus, the defendant tried to destroy 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 concerning D police statements;

1. Article 174 and Article 164 (1) of the Criminal Act applicable to the crimes;

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 ( repeatedly considering the above conditions);

1. The defendant and his/her defense counsel's assertion regarding probation, community service order, education order, Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, the defendant and his/her defense counsel asserted that the defendant had slickly committed suicide and sacrificide at the time of the crime of this case, and had weak ability to discern things or make decisions. However, in light of the background and method of the crime of this case, the defendant's behavior and attitude expressed before and after the crime of this case, etc.

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