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(영문) 인천지방법원 2019.05.03 2016고합621
현주건조물방화미수등
Text

A defendant shall be punished by imprisonment for two years.

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

1. From December 12, 2014 to December 23:30 on December 13, 2014, the Defendant threatened the victim with the victim D (n, 45 years old) who is the wife in the Seo-gu, Seo-gu, Incheon, Seo-gu, and C, and the money problem. During the dispute, the Defendant: (a) was raising three illnesss, which are dangerous things before the victim; (b) was frighting to the victim, and (c) was frightening to the victim, and (d) was frighting to the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. At around 02:50 on December 13, 2014, the Defendant attempted to extinguish the building that D et al. used as a residence by putting fire on the paper of the kitchen that D et al. used as a living room by gathering a paper, such as a newspaper, etc., and setting off the gas house on the kitchen, on the ground that the victim reported the above domestic violence of the Defendant, at the place specified in paragraph (1). However, the Defendant attempted to extinguish the building by setting fire by attaching a fire to the paper of the kitchen, but attempted to take out the fire by drinking water, which was frightened from the sphered.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Written statements of D;

1. A report on the occurrence of an event (the current main building, the attempted crime, etc. - home protection cases), a report on an act to the scene, an investigation report (the interview, etc.

1. 112 Reporting case management table;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 174, 164 (1) of the Criminal Act that apply to the crime and the choice of punishment (the points of attempted fire-fighting, the choice of limited imprisonment), Articles 284 and 283 (1) of the Criminal Act (the occupation of special intimidation and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for the crimes of the two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument is that the Defendant: (a) thrown away the victim from a bet of a bet of a bet of a bet of a bet of a bet of a bet of a bet of a bet of a

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