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(영문) 부산지방법원 2016.02.05 2015고합696
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 18, 2015, around 00:18, the Defendant received and disputed text messages of male-gu E and mobile phone, a male-friendly E and a mobile phone living together under the influence of alcohol from around 00:10,00 to 201.

On the ground of the fact that they attempted to commit suicide by putting fire into fire, and by using a disposable dog, they attempted to fire the above apartment that they used as a residential purpose by attaching fire to the clothes located in the above apartment room and small room with the fire. However, they did not commit attempted crimes because they did not reach the fire of the above apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. A report of the department related to the report of 112 case, a report on the situation, and a report on the results of field inspection;

1. Photographss, field photographs, etc. of seized articles;

1. Application of the existing Acts and subordinate statutes of one disposable Roter (No. 1) that has been seized;

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 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”), which is favorable to the defendant, shall be considered as follows.

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. The grounds for sentencing under Article 48 (1) 1 of the Criminal Act for the crime of this case in the grounds for sentencing under Article 48 (1) 1 of the Criminal Act are unregistered crimes, and the sentencing criteria

The place of the crime in this case is an apartment with a large number of people residing in and thus, there was a risk of causing a large loss of human life and property damage, and even if the defendant puts a fire on the room, he did not make efforts to extinguish it.

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