Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who has been receiving medical treatment, such as depression for a period of ten years as a main father.

On April 14, 2019, at around 1:40, the Defendant, in Michuhol-gu, Michuhol-gu, Incheon Metropolitan City B apartment C, her husband does not enter the 6-month house and did not enter the 6-month house, put a string part into the bottom of the unit in the ward, but did not move the string part into the building and did not move the string part into the building.

Thus, the defendant tried to extinguish a fire to a building used by a person for residence, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to on-site photographs, reports on results of field identification, and reports on field files;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act

1. The summary of the argument is that the defendant had a fire attached to the stacker and had a fire done so by a sliding, and there was no intention to move the fire to the residential area.

Therefore, the crime of this case constitutes a general object fire prevention against pressing, and it does not constitute an attempted crime of the main building or fire prevention.

2. Determination

A. As a subjective constituent element of the crime of current legal doctrine, an intentional act refers to the perception of setting fire to a building in which people exist, and there is sufficient awareness that the occurrence of a fire may result in an independent lawsuit of an object, i.e., the prediction of the occurrence of a fire, and there is insufficient awareness that the occurrence of a fire may result in an independent lawsuit of an object, or there is no need for the intent or desire to commit a fire actively.