현주건조물방화미수
Defendant shall be punished by imprisonment for a term of 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
To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.
On August 6, 2019, at around 02:35, the Defendant: (a) heard the Defendant’s wife that no money was collected from the Defendant’s wife at the Nam-gu Incheon Dong-gu B lending C Lake; (b) however, it was not possible to bring the Defendant into a door-to-door door-to-door door-to-door door-to-door, but the Defendant’s intention was not achieved; (c) continuously, around 02:50 on the same day, the police officer, who received a report at around 112, issued a complaint on the dispatch of the police officer, and laid down on the floor with a thrower fire, but it was not the wind that the Plaintiff discovered and immediately caused the fire by hand.
Thus, the defendant tried to fire a structure used as a residence by setting fire, but did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of D (Evidence Nos. 5);
1. Protocols of seizure and list of seized articles, and photographs thereof (Evidence Nos. 1-3);
1. Application of Acts and subordinate statutes to field photographs (Evidence Nos. 6);
1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;
2. The scope of the recommended sentence according to the sentencing guidelines [the sentencing guidelines are not set for the crime of attempted fire-prevention of the present structure, but for reference, the sentencing guidelines for the crime of fire-prevention of the present structure shall be examined] [the first type] the general criteria for the crime of fire-prevention of the present structure] [the mitigated element of the crime of fire-prevention of the present structure], such as the present owner's structure [the person who is a special person] in cases where actual damage is minor, the penalty is not imposed [the recommended area and the scope of the recommended punishment], the recommended sentence revised according to the punishment range from nine months to three years.