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(영문) 인천지방법원 부천지원 2013.11.15 2013고합199
일반자동차방화미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 27, 2013, the Defendant: (a) around 03:00 on the street in the office of the Ocheon-gu, Ocheon-si; (b) on the back of the waste accumulated at the time, the Eub-scoo car owned by the victim D was parked, and thus, it could be destroyed if the said car is set to a more garbage. While recognizing the above situation, the Defendant was aware of the said situation, and the Defendant attempted to extinguish the said car by attaching the said car to the lower part of the waste; (c) however, the police officer dispatched at the site was able to take the part of the repair cost of the said car at KRW 2,04,90 on the wind that caused the fire; and (d) did not reach an attempt to commit the car fire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (CCTV investigation, etc.), investigation report (Attachment of photographs), investigation report (Attachment of a vehicle quotation), investigation report (CCTV, and video data CD attachment report);

1. Application of statutes on site photographs;

1. Articles 174 and 166 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of sentencing as follows) of the suspended sentence, if a fire by the Defendant was not early extinguishing due to the instant crime, the Defendant’s liability for the crime is not easy considering that the vehicle’s explosion was likely to cause considerable harm to human life and property, and that the damage has not yet been recovered.

However, considering favorable circumstances, such as the fact that the defendant committed the crime of this case and against the mistake, the crime of this case did not cause any particular harm to human life since it committed the attempted crime, the defendant did not have any criminal record other than the fine, and the fact that there was no previous record of criminal punishment, the defendant did not have any previous crime. In addition, considering various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, family environment, and the circumstances after the crime,

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