현존건조물방화미수
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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is living together with the wife D (n, 38), ASEAN E (11), and F (8 years of age) in Chungcheongnam-si.
At around 23:00 on February 19, 2013, the Defendant tried to extinguish the house where three persons, such as the Defendant’s wife, etc., live together with D, using a set of a single-use toilet in his possession, while she was faced with her wife and money problems, and put a fire into a single-use cremation site.
However, D has not been able to give up the fire because it covers it.
Thus, the defendant was trying to fire a building in which people exist by setting fire.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to photographs of damaged areas;
1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;
1. Legal mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;
1. According to Article 62(1) of the Act on the Suspension of Execution, the term “unfavorable circumstances” refers to a serious crime that undermines public safety and peace and may cause serious harm to the lives and property of many citizens: considering the following circumstances: (a) the Defendant appears to have committed the instant crime by contingency while drinking alcohol; (b) the Defendant’s wife is in depth divided; (c) the Defendant’s wife was leading the Defendant; (d) the instant crime was committed; (c) there was no loss of human life and property damage; (d) there was no history of having been sentenced to the suspension of qualification or heavier punishment; and (e) there was no history of having been sentenced to the suspension of qualification or heavier punishment; and (e) all the kinds of sentencing conditions that can be known through the records and arguments of the instant case, including the Defendant’s age, health status, character and conduct, family environment, and circumstances after the crime.