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(영문) 부산지방법원 동부지원 2017.10.24 2017고합191
현주건조물방화미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On August 12, 2017, at around 13:45, the Defendant, while under the influence of alcohol at the Defendant’s house of Busan Shipping Daegu Complex 107, 402, the Defendant: (a) placed a fire on the kids in the kids of the kids by using a dog in the inside and outside of the country; (b) tried to extinguish the said place of residence by setting the fire on the kids of the kids; (c) however, the Defendant failed to commit an attempted crime by the police officer called out upon receiving the notification of 112, but failed to bring the fire on the wind that was extinguishing by the police officer called out.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the investigation by police and the prosecution;

1. Application of Acts and subordinate statutes to fire site photographs;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

4. Article 62-2 of the Criminal Act, Article 2-3 subparag. 2, and Article 44-2 of the Medical Care and Custody Act / [The defendant is a person who has a habit of drinking alcohol and has committed an offense entailing imprisonment without prison labor or heavier punishment. In light of the defendant’s status indicated in the aforementioned evidence, the details and details of the instant crime, and criminal record relation, etc., it is recognized that the defendant is in need to undergo medical treatment and the risk of reoffending as a requirement for the medical treatment order]

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommended punishment according to the sentencing criteria: An attempt is not subject to the sentencing criteria;

3. The crime of this case, which was determined to be sentenced, is an attempted attempt to set fire in the apartment building that the defendant himself uses as his residence, and the crime of this case is a serious crime that may cause serious loss of human life and property to other persons residing in the above building.

(b).

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