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Reasons
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(영문) 청주지방법원 2018.10.26 2018고합166
현주건조물방화미수
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A defendant shall be punished by imprisonment for one year.

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

around 15:20 on June 14, 2018, the Defendant attached a 107-dong 504-dong 107, the Defendant’s her husband’s her husband’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son.

Thus, the defendant tried to fire a structure used as a residence by setting fire, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A suspect examination report (including D's statement part) against the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs and arrest and report cases;

1. Article 174 of the Criminal Act applicable to the crime, Articles 174 and 164 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

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 said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that it is favorable below):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for not less than nine months nor more than seven years and six months; and

2. The scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply because they are minor offenders.

3. The crime of this case in which the sentence of sentence was determined is not easy in that the Defendant’s act of setting clothes accumulated in the apartment in which he and his family reside, and that there was a risk of causing substantial damage to the lives and property of a large number of people due to a large fire.

However, the defendant's children who were together with the defendant cannot be adopted.

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