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(영문) 의정부지방법원 고양지원 2014.01.17 2013고합186
일반건조물방화미수
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On August 8, 2013, the Defendant: (a) around 22:26, the Defendant: (b) had a dispute with D and its room deducted from the three banks located at the corner of the Defendant’s residence located at the building D owned by Goyang-gu, Seoyang-gu; and (c) had a fire on a newspaper using a single-use log after leaving the oil in the newspaper where he was placed at the bar; and (d) had a fire on a yellow fluor attached a fire on the wall and destroyed the building, but the fire officers dispatched after receiving the report did not have the intent on the wind of extinguishing the fire, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on site photographs;

1. Articles 174 and 166 (1) of the relevant Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination of punishment is made by taking into account all the sentencing factors indicated in the records, such as the character and conduct, environment, and circumstances after the crime, etc., of the defendant's reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the reasons for sentencing"), and the fact that an act of breaking a building used for a commercial building may cause serious harm to human life and property, which led to the risk of causing serious harm to human life and property, the defendant is led to confession and reflect, the defendant has no criminal record above the previous one and the suspended sentence, and the victim does not want the punishment, etc. are considered in favor of

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