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(영문) 대전지방법원 2015.01.23 2014고합474
현주건조물방화미수
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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2014, at around 04:25, the Defendant, at the dwelling space No. 107-2003, the residence of the Defendant in Seo-gu, Seo-gu, Daejeon, the Defendant, under the influence of alcohol at home, argued that “I would like to go out of the prison F and I would go out of the house, and that “I would go out of the house, I would like to report to the fire department, I would like to put I would like to put I would like to put I would like to go out of the bar.”

Accordingly, the wife and children known that the Defendant did not die, discovered that they look at the windows of the dwelling space than they observed from the first floor, and found them to have seen light as the windows of the dwelling space. They applied a fire extinguisher that they had been on the street, and they attempted to spread the fire extinguishers attached to approximately 40 cm vehicles at the radius of about 40 cm.

Thus, the defendant tried to destroy a building in which people exist by setting fire, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to each on-site photograph and mobile phone text photograph;

1. Relevant Article 174 of the Criminal Act concerning the facts constituting an offense, Article 174 of the Election of Criminal Act, and Article 164 (1) of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. The crime of this case on the ground of sentencing under Article 62-2(1) of the Criminal Act is committed by the wife and the defendant, and the defendant's house was destroyed by the son who returned to the defendant's house after being contacted by the defendant. The apartment building with his family and residence of the defendant is the 22th floor building, which is a fire to the building in which many people live, and is the life and property of a large number of citizens for the crime of harming public safety and peace.

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