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(영문) 대구지방법원 상주지원 2014.12.18 2014고합41
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On September 19, 2014, around 13:30 on September 19, 2014, the Defendant attempted to extinguish the house by setting fire into the laz with the laz in a manner that lacks the ability to discern things or make decisions by drinking alcohol, and without any particular reason, did so, but the Defendant reported the lazing of the lazing clothes to the lazing clothes.

As a result, the defendant tried to extinguish the above house used as a residence by setting fire, but did not bring about the intention by itself, and did not commit an attempted crime.

2. On September 19, 2014, around 14:00, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) committed a crime in front of E 1205 where the victim F (the age of 64 and South) residing in the Si of Gyeong-si residing in the victim F (the age of 64 and the age of South). The Defendant, in the state of lacking the ability or ability to make a decision to discern things, under the influence of alcohol, her hand, which is a dangerous thing, and the other hand, she divided the first class of the said house into one dangerous thing, and the first class of the body, which is a dangerous thing, and the first class of the body, and the victim believed to have been a substitute engineer, she entered the entrance of the entrance of the entrance of the present gate as it is.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the points of attempted crime against the present main building and attempted crime, the choice of limited imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 319 (1) of the Criminal Act (the points of carrying and intrusion dangerous articles);

1. Article 10(2) and Article 55(1)3 of the Criminal Act for mitigation of mental illness and injury (as to each of the above crimes)

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

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