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(영문) 인천지방법원 2017.07.07 2017고합79
현주건조물방화미수등
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

1. On December 17, 2016, Defendant 2017, 79, at the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon, 201 and 2401 around December 23:20, Defendant 201, under the influence of alcohol, destroyed a fire by means of throwing away from the house to the point of a single-use tool to the outside of the inside of the inside bank with a fire from the inside bank to the outside of the outside bank, and attempted to extinguish the building used by the Defendant, his wife, and his/her wife, and his/her incidental, to the whole house through the living room, but did not commit an attempted crime by hearing the Defendant’s sound, and by spreading water.

2. At around January 29, 2017, Defendant 202, the victim F, who was kept in the Seo-gu Incheon apartment guard room, Seo-gu Incheon, Seo-gu, Incheon, found one set of spam gift gift gift sets worth KRW 30,000,000, and had the intent to steal them.

The Defendant cited and stolen spams in which the management of the guard room was neglected.

Summary of Evidence

[2017 Gohap 79]

1. Statement by the defendant in court;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. E statements;

1. On-site photographs (2017 Gohap 202);

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Act and subordinate statutes to a criminal investigation report ( CCTV images in Elra);

1. Relevant legal provisions of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act (the current main building and the attempted crime, the occupation of imprisonment with prison labor), and Article 329 of the Criminal Act (the occupation of an intention, the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act to be mitigated legally (limited to the crimes that are not involved in, and the attempts to prevent, the structure at present);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [In addition, the punishment shall be aggravated to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Legal provisions;

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