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(영문) 창원지방법원 진주지원 2018.06.14 2018고합37
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

A seized Rater (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant, at the Jinju-si's Mobel B101 heading room of the victim D's operation, had been living in a long time for about three years prior to one week, was hedging with the women's heading room prior to one week, and was able to commit suicide by disregarding his address, which caused economic difficulties due to the recent failure to work.

On March 13, 2018, at around 15:35, the Defendant was in the room of the above Moel B102 where he was in possession of waste, such as breathum b101, which was located therein, such as breathum b101, and breathum b102.

E sn't sn't sn't but out of the room and discovered out of the sn't b101 creshes, and notified the victim of this 119 report and received the victim's 119 report, the fire officer failed to take out the fire.

Accordingly, the defendant used 10 persons such as the victim as a residence, and attempted to extinguish the existing building such as the above E, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police of the accused and the interrogation of the suspect by the prosecution;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Application of the fire site photographs (No. 6 times a moment), the identification photographs of the fire site (no. 8 times a moment) and the statutes;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 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. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The summary of the argument was that the Defendant did not remove garbage, etc. in the above telecoming plan for the purpose of suicide, and did not think that it would be destroyed to the building. The Defendant did not recognize that another person exists within the telecom at the time of committing the crime in this case.

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