logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2019.08.28 2019고합146
현존건조물방화미수등
Text

Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 11:30 on May 16, 2019, the Defendant driven a spke car while under the influence of alcohol by 0.203% in blood alcohol concentration from the front of the Defendant’s house located in Asan-si B to the front of the D office located in Asan-si C.

2. At around 11:30 on May 16, 2019, the Defendant, who attempted to commit fire, was in the office described in paragraph (1) of the above paragraph, and C, G, F, and H were in the above office, and instead, L, F, and H contained in Plastic disease in Plastic disease, was fluencing it into a line, which was flucated on the tables for meetings in the gasoline office. However, even though the Defendant was put to a line with a line set up on the tables installed in the office, the Defendant did not move to the building by G, etc. located in the office.

Accordingly, the defendant was trying to fire a building in which people exist by setting fire and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Records of seizure and the list of seizure;

1. Requests for appraisal;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to each investigation report (investigative records 4,20,83 pages);

1. Article 148-2 (2) 1, Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Articles 174 and 164 (1) of the Criminal Act (amended by Act No. 16037, Dec. 24, 201);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (with respect to the crime of attempted fire-prevention of existing buildings in the market, taking into consideration the following favorable circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act (The following consideration shall be made again for the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

arrow