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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 25, 2012, at around 06:00, the Defendant attempted to extinguish the waste and waste by setting waste to plastic bags, paper bags, etc., which were located in a garbage site located in the building site located in Jung-gu Incheon Metropolitan City (building area 5,692 square meters). On May 25, 2012, the Defendant attempted to store the waste and waste by setting waste to a garbage bag (proof No. 1) that was possessed for the reason that the waste and waste in the above waste and its surrounding areas were damaged by natural landscape. However, the Defendant attempted to commit attempted to commit a crime by failing to remove the waste and waste, such as plastic bags and paper.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to E by the police;
1. Photographs related to the fire site;
1. Application of Acts and subordinate statutes on police seizure records;
1. Articles 174 and 166 (1) of the Criminal Act applicable to the facts constituting an offense;
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 (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1) 3 of the Criminal Act shall be taken into consideration the fact that the victim does not have any actual damage and the defendant states
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. As to the Defendant’s assertion of Article 48(1)1 of the Confiscation Criminal Act, the Defendant asserts that the instant closed door does not constitute a structure, which is the object of general crime of fire prevention, since there are no roof, even door, windows, and no walls and walls are collapsed and all are not used.
The term "building" means a house or other structure that has a structure for which people can enter and leave, which is fixed on land and tanked with a wall or pole, and is not necessarily required to be a residence of people, but is sufficient when the land has been settled to a certain extent with sustainability.
According to the evidence of each judgment and the evidence duly adopted and examined by this court, the closed house of this case has no roof, and people have locked or live.