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(영문) 춘천지방법원 2016.09.09 2016고합57
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

On June 10, 2016, the Defendant: (a) laid down a building of three height adjacent to the Defendant’s house; (b) laid down the building of C located in Gangwon-do, Gangwon-do, Gangwon-do on June 10, 2016; and (c) laid down gasoline on the wall of C for the purpose of setting fire to the said building in which C’s family members, etc. reside; and (d) laid down gasoline in the said sand position panel.

However, due to the fighting of fire 119 fire fighters dispatched by fire report, they did not take part of the wall and did not take part of the 119 fire fighters.

Accordingly, the defendant tried to commit a fire to the C-owned building in which C and his family members reside, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. A report on the occurrence of a fire and a written estimate attached to a report on internal investigation;

1. A report on fire identification results, and a reply to an appraisal by the National Institute of Scientific Investigation;

1. Application of each on-site photograph and each CCTV image photograph Act and subordinate statutes;

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

1. Article 25 (2) and Article 55 (1) 3 (unauthorized Crime) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. An attempted criminal is not subject to the sentencing criteria;

3. The crime of this case is committed by the Defendant who spreads oil around the instant house and sets fire into a dog and burns the instant house used by the victim C, etc. as a residence. In light of the method and content of the crime, the crime of this case is considerably poor in light of the crime, and the place where the crime of this case was committed was committed is likely to cause a large number of people’s lives and property damage if they were living together.

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