현주건조물방화미수
A defendant shall be punished by imprisonment for not more than ten 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
On September 23, 2014, at around 23:40 on September 23, 2014, the Defendant, at the residence of the Defendant located in the Busan Seo-gu C apartment, and on the ground that the Defendant’s husband D was frightly and late returning home and sound, he, after he, he saw several newspapers on the floor of the living room, which the husband entered with the inside and outside of the workplace, he saw that the Defendant and her husband were frighted to fire by setting a newspaper site on the floor of the living room in which the husband entered with the inside and outside of the said dwelling, and by setting a fire in the open dwelling or by setting a fire in the existing dwelling, but the Defendant and her husband attempted to put the water into the newspaper with which the husband of the Defendant was unfrighted.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to police investigation reports (limited to investigation reports at the site, on-site police officers, on-site exit police officers, on-site photographs, response materials and fire-fighting reports at the general situation room, response materials and fire-fighting units);
1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant
1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “the grounds for the suspended sentence”), which is favorable to the defendant, shall be considered as follows;
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and
2. The scope of the recommended sentence according to the sentencing guidelines [the determination of a type] and the scope of the recommended sentence [the range of punishment [the range of punishment for special adjustment] from September to three years [the range of punishment for special mitigation exists, and one year to three years are sentenced to imprisonment (one year and six months to three years).