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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At the time of December 25, 2012, the Defendant was in the period of final deliberation of the divorce lawsuit with wife C at the time of filing a divorce lawsuit, and was confined from November 13, 2012 to December 12 of the same year due to the violation of the Access Order.
On December 25, 2012, the Defendant: (a) around 17:20 on December 25, 2012, the Defendant attempted to burns the entrance door of the said apartment site used by the victim E, etc. for residential purpose by attaching fire to the door door of the entrance of the said apartment site, using a logter and cremation site, in which the victim E, etc. was in possession of the said apartment site in front of C, 102 and 605, the front city of Yansan-gu D apartment 102.605, the Defendant attempted to throw away and open the entrance door of the said apartment site. However, the Defendant attempted to extinguish the said apartment site by attaching fire to the entrance door of the said apartment site used by the victim E, etc
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and C;
1. Stopical photographs;
1. Application of Acts and subordinate statutes on seizure records;
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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. Determination of sentence: 1 year and six months of imprisonment, and 2 years of suspended execution, the crime of this case was not less than the nature of the crime in light of its details, methods, and risks. However, the crime of this case was committed in an attempted crime, and there is no possibility that the defendant committed the crime of this case in a state of under the influence of alcohol, and it appears that the defendant committed the crime of this case by contingency after the crime of this case was completed, and thus the defendant divorced with his wife, and the defendant would not repeat the crime of this case as the previous wife and his children while taking advantage of his depth.