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(영문) 서울북부지방법원 2018.08.31 2018고합256
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with the victim C for four years.

On May 29, 2018, from around 01:50 to around 02:50, the Defendant tried to extinguish a place of residence where the Defendant was living together with the victim by inserting a fire in a newspaper with a gas park, while disputing the victim who shows symptoms in his residence of the victim D or 1st floor in Seoul Central-gu Seoul Metropolitan Government. However, the Defendant attempted to extinguish a place of residence where the victim was living together with the victim, by inserting a fire into a newspaper with a gas park. However, the Defendant failed to perform an attempted crime without having the victim smoked with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences: Imprisonment for nine months to seven years;

2. Scope of recommended sentences on the sentencing criteria: since they are minor offenses, the sentencing criteria shall not apply.

3. The crime of this case, which was determined to be sentenced, was committed by the defendant against the victim and tried to extinguish a multi-household house in which many people live by putting fire in a newspaper after being in dispute with the victim by putting the fire in a fluence, and by setting fire in a fluence, and the liability for the crime is not easy in that there could have been

On the other hand, the Defendant recognized all of the instant crimes.

The fire was fighting early, and the fire was not moved to the building outer wall, etc., so the crime was attempted, and there was almost no property damage.

The victim does not want the punishment of the defendant.

This is considered as favorable circumstances, and the age of the defendant.

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