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(영문) 대구지방법원 2015.05.15 2015고합139
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:50 on January 25, 2015, the Defendant did not open the entrance door to the Defendant, who was the victim, in front of the Defendant’s house, under the influence of alcohol, the Defendant: (a) did not have opened the entrance door to the Defendant; (b) attached the paper box at the entrance of the entrance of the entrance door with a tear for one-time use, and (c) had the remainder of the paper string out to the string, left the string; (d) attempted to burns the building used as a residence by the instant E, etc., but the fire officer dispatched after receiving a report, failed to perform his intention by extinguishing the string, etc., and did not perform his attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes related to the investigation report (as regards the fire-prevention suspect, etc.), photographs, and 112 reporting departments;

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

1. Legal mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Determination of sentence: Imprisonment with prison labor for one year and six months, suspended execution for three years, and probation crime of this case requires strict punishment for the defendant considering the following: (a) the crime of this case was committed by the victim, who is the wife due to incombustibility between his/her family members, attempted to prevent the victim's lending of the entrance, and attempted to commit the crime; (b) the fire to the present main structure is likely to cause multiple harm to human lives or large-scale property damage; and (c) the defendant did not agree with the victim.

However, the defendant's mistake is divided in depth, and the defendant has no record of being punished for the same kind of crime, and there is no criminal record exceeding the fine, and there is no loss of human life due to the crime of this case, and the scale of other property damage is minor.

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