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(영문) 의정부지방법원 2018.05.04 2018고합57
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

Even though the defendant was D in his/her residence in Gyeyang-gu C at around 03:20 on January 27, 2018, this part of the facts are not stated in the facts charged, but there is no possibility of infringing his/her right of defense because he/she led to the confession of crimes and there is no possibility of infringing his/her right of defense.

The present door, which he corrected, was not well opened, and was in possession of a newspaper box in the kitchen of the above housing, and tried to extinguish the above housing by attaching a fire with a fluence, but was reported to 119, and was not achieved by the wind of the fire officers belonging to the Goyang Fire Station who called up for the above 119.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (verification of witness at the scene at the time of committing a crime), a criminal investigation report (or a counter investigation of a shote), and a criminal investigation report (to hear statements from a witness D phone);

1. Application of fire site survey records and photographs to the Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

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

3. The defendant, who was sentenced to a sentence, has set fire to his residence, and at the time, there was a person other than the defendant in the above residence, and the surrounding area of the above residence has a high possibility of criticism in light of its danger.

In addition, on August 8, 2013, the defendant tried to destroyed the above residence by putting fire to the newspaper site in the above residence, but was attempted to commit it, and on this occasion, the defendant was sentenced to a suspended sentence for one year to be sentenced to imprisonment with prison labor for general buildings and fire prevention in the Jung-gu District Court Goyang Branch on January 17, 2014.

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