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

3. The defendant shall be ordered to provide community service for 80 hours.

4. One oil tank (No. 1) seized shall be confiscated;

1. Intrusion upon residence;

A. On December 18, 2013, the Defendant entered the 102 door (victim D’s house) entrance front of the 102 door (victim D’s house) door located in Gwanak-gu, Seoul Special Metropolitan City, for reasons of unknown knowledge around 09:30 on December 18, 2013, and infringed upon the victim D’s residence.

B. On December 18, 2013, 2013, 09:50, the Defendant: (a) placed a fire; (b) opened the house for multi-households located in Gwanak-gu, Seoul Special Metropolitan City, to the front of the house entrance of the victim F; and (c) intruded the victim F’s residence.

2. Dried building or fire prevention;

A. When the Defendant was residing in Gwanak-gu in Seoul Special Metropolitan City G and 103 (H building), and was unable to pay monthly rent for several months, on December 18, 2013, the Defendant was placed in the oil box (proof No. 1) with oil oil containing fuel oil, without giving notice to the lessor around 02:00 on December 18, 2013.

On December 18, 2013, around 09:50 on December 18, 2013, on the ground that the Defendant was unable to pay monthly rent in front of the victim F's house entrance located in the apartment located in Gwanak-gu in Seoul Special Metropolitan City E-gu, and that there was no other proper way to retire at work, etc., the Defendant was able to spread to the entrance through the new string house with the oil for bub fuel in possession of the same as above in the new string house.

Accordingly, the defendant destroyed the above house used by the victim F et al. as a residence, which is used by the victim F et al. for repair costs.

B. On December 18, 2013, at around 10:06, the Defendant posted a door-to-door newspaper on the grounds as set forth in Article 2-A(a) of the Victim J’s House located in the Gwanak-gu Seoul Special Metropolitan City building, and sold a fuel-to-fuel oil in a newspaper, which was in possession of the oil in a warehouse as above, and had it spread to the entrance, wall, and ceiling of the warehouse through a disuse and a smoke that was located therein.

Accordingly, the defendant destroyed the above house used by the victim J et al. as a residence by making it difficult to repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and J;

1. Police seizure records;

1. A list of 112 reported cases and reports on the results of field inspection in each field;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 319(1) of the Criminal Act (influences into residence, choice of imprisonment), Article 164(1) of the Criminal Act (influences into modern building and fire prevention, and choice of imprisonment)

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act (Aggravation of concurrent crimes with the punishment provided for in the main building and fire-prevention against the J having the largest sentence);

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of fire-prevention against each suspend building;

(i) Determinations of type: Fire prevention, general standards, fire prevention, such as suspending buildings;

2) A special person: In the event that actual injury is minor, the victim J shall not be subject to punishment (requirements of mitigation).

(iii) Determination of the recommended territory: Reduction territory;

4) Scope of recommendations: Imprisonment for a year and six months to three years;

(b) Application of standards for handling multiple crimes: compliance with the lower limit of the recommended punishment for the crime of fluoring the J because each of the above crimes and each of the above crimes for not less than one year and six months for which no sentencing guidelines are set;

2. Determination of sentence;

Considering the fact that the act of fire prevention against multi-households in a densely-populated area is highly likely to cause many victims or cause large damage, the defendant has no record of punishment other than the punishment of each fine for two crimes such as drinking driving, assault, etc., according to the result of the sentencing investigation of sentencing investigators, the victims' damage is very minor, and the victim F wants to punish the defendant is likely to cause recidivism, and ultimately, the defendant wishes to return to the society and lead a normal social life, and the victimJ does not want to punish the defendant, considering each circumstances favorable to the defendant.

The punishment shall be determined in consideration of all the circumstances shown in the pleadings of this case, such as the age, character and conduct, environment, means and result of the crime, and the circumstances after the crime.

Judges Kim Dong-dong

Judges Guide-in