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

피고인은 2019. 5. 22. 00:20경 대구 중구 B에 있는 C식당 앞에서 그 곳 건물 외벽에 걸려 있는 현수막(180cm×180cm)에 일본어가 적혀있어 화가 난다는 이유로 가지고 있던 일회용 라이터로 위 현수막에 불을 붙여 그 불길이 식당에 번지게 하려고 하였으나, 식당 밖에 나온 성명불상의 손님들이 현수막에 불이 붙은 것을 발견하고 소화기로 불을 껐다.

Thus, the defendant tried to fire the existing building, but did not commit attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Rab photographs, field photographs taken by a suspect, estimates for damage, and damaged photographs (such as a picture, etc. of a building outer wall);

1. Application of Acts and subordinate statutes to report internal investigation (as to the circumstances in which the place of seizure was not made);

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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 consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for nine months from July to June;

2. Scope of recommendations based on the sentencing criteria: An attempted criminal shall not be subject to the sentencing criteria.

3. Determination of sentence: One year of imprisonment and two years of suspended sentence are serious crimes that undermine public safety and peace, and thus, the risk of serious damage to the life and property of many influences is very high.

The crime of this case is that the defendant destroyed the outer wall of the commercial building by attaching fire to the banner which is caused by the outer wall of the commercial building, and shall cause considerable damage to the life, body, or property of the people in the commercial building.