Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
around December 2018, the defendant was hospitalized with a certificate of alcohol existence, and the victim B (the person aged 31) is the defendant.
1. A special intimidation Defendant: (a) around 20:50 on April 11, 2019, 201: (b) held that he was dynasing alcohol in C Apartment D; (c) and (d) the victim was dynasing to “dynasing dynasium,” and (d) the dispute began.
Accordingly, the Defendant reported the victim's attempt to get off his house by leaving his room, and added excessive (27 cm in total length and 16 cm in length on the day) that is dangerous things in the kitchen, and took the victim away from the victim, and threatened the victim without hearing the horses of the Defendant.
In this respect, the defendant carried a dangerous article and threatened the victim.
2. 현주건조물방화미수 피고인은 위 1항과 같은 일시, 장소에서, 위와 같이 피해자가 “집을 나가겠다”고 말하자 화가 나 가스레인지 위에 면장갑, 솜인형, 화장지, 베개 등의 물건을 10cm 가량 쌓아놓고 가스레인지를 작동시켜 물건에 불이 붙었으나 피해자가 이를 발견하고 즉시 물을 뿌려 불을 껐다.
As a result, the defendant did not commit an attempted crime even though he tried to use a fire as a residence, or a building in which people exist, but did not commit it.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Seizure records;
1. Application of field photographs and statutes on victim photographs;
1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (Special Intimidations and Selection of Imprisonment) of the Criminal Act concerning facts constituting an offense, and Articles 174 and 164(1) of the Criminal Act (the fact that the present main building and the attempted crime, and the choice of a limited term of imprisonment);
1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be more severe, and the crime of attempted fire-prevention;