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

피고인은 2013. 2. 22. 15:30경 경기 성남시 중원구 C빌라 나동 202호에 있는 피고인의 집에서 술을 마시던 중 피고인의 어머니인 D으로부터 술을 마시는 것에 대하여 야단을 맞게 되자 여기에 화가 나서 연기를 피워 죽고 싶다는 이유로 피고인의 방 안에 이불을 깔고, 일회용 라이터를 이용해 이불에 불을 붙여 그 빌라를 소훼하려 하였으나 스스로 손을 사용하여 불을 껐다.

Thus, although the defendant tried to extinguish a building used as a residence by a person, he did not go through his own fire and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the police preparation; and

1. Application of seizure records and on-site photographs statutes;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing)

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The crime of this case committed by the defendant for the reason of sentencing under Article 48 (1) 1 of the Criminal Code requires punishment in light of the risk that the defendant's family members and neighbors reside in the building.

However, it is decided as per Disposition by taking account of the fact that the defendant is in depth against the crime of this case, the defendant committed the crime of this case in a contingent manner, the fire was not spread to a large amount of fire by early extinguishing the fire, and the defendant did not have the same criminal record.