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

1. On August 21, 2016, at around 09:20 on August 21, 2016, the Defendant: (a) placed a door in front of a multi-household residence located in Yangcheon-gu Seoul Metropolitan Government, and opened a door; (b) put the door into front of a warehouse; and (c) put the door into the boiler pipe installed on the mast and underground top warehouse; and (d) moved the door into the boiler pipe installed on the math warehouse entrance and the warehouse outer wall.

Accordingly, the defendant destroyed a building used as a residence by a person.

2. At around 09:30 on August 21, 2016, the Defendant attempted to commit fire to the present residential building by attaching a studio, which was possessed in advance, in the stairs between G lending 1 floor and the second floor, a multi-household dwelling in which the F, located in Yangcheon-gu Seoul Metropolitan Government, and F, intended to fire the said multi-household housing, but was attempted to extinguish the wall of the building with the second floor stairs, the window frame, and the salt log (20 km) owned by the victim who was set up therein, to the extent that the Defendant did not set up the wall of the building with the 2nd floor, the window frame, and the salt log (20 km) owned by the victim who was set up therein, to the entire multi-household housing.

Accordingly, the defendant did not commit an attempted crime of setting fire to and from a structure used as a residence by a person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of the Acts and subordinate statutes to photographs of each damaged site and documentary evidence in the scene;

1. Relevant legal provisions of the Criminal Act and Article 164(1) of the Criminal Act (the occupation of the present building and fire prevention, the occupation of the abandonment of imprisonment), Articles 174 and 164(1) of the Criminal Act (the occupation of the present building and fire prevention, the attempted crime of the present building and the choice of the abandonment of imprisonment);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes with the punishment prescribed for the crimes of fire-prevention against the current main building, the administration of which is heavier);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).