A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant is a Chinese national shipbuilding, who entered the Republic of Korea as a visa for visiting employment on October 8, 2017.

On December 10, 2017, at around 03:05, the Defendant, without good cause, opened a house gate of the victim C, etc. in Guro-gu Seoul Metropolitan Government, and intrudeed into the house gate of the victim C, etc., and caused danger to the public by attaching the gate of plastic material owned by the victim C, which was the victim C, to the smoke and flame.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of D and C;

1. Application of Acts and subordinate statutes to a report on investigation (on-site exploration);

1. Relevant Article 319 (1) of the Criminal Act and Article 167 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), the choice of punishment for the crime (the point of setting fire to general goods);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than the punishment shall be aggravated for concurrent crimes within the scope of the sum of the long-term punishments for the crime of intrusion upon residence);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for six months to six years;

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

(a) Class III (General Goods Fire Prevention) mitigated element: Where actual damage is insignificant (the area of recommendation and the scope of recommendation), mitigated area, six months to one year; and

(b) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (a concurrent crime with an offense for which the sentencing criteria are not set);

3. According to the decision of sentence, all kinds of sentencing shown in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, and the circumstances after the crime, etc. are favorable or unfavorable to the defendant.