A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

피고인은 2019. 4. 24. 19:50경 피고인과 약 8년 전부터 동거해 온 피해자 B(여, 46세)이 거주하는 울산 울주군 C 소재 주택에서, 평소 다투던 피해자로부터 헤어지자는 말을 듣자, 화가 나 일회용 라이터를 이용하여 휴지에 불을 붙이고 그곳에 깔려있던 카페트에 던져 위 주택을 소훼하려고 하였으나, 이를 본 피해자가 물을 뿌려 카페트와 이불에 옮겨 붙은 불을 껐다.

Accordingly, the defendant was trying to extinguish the above house used as the residence of the victim by setting fire, and did not achieve the intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for September through July;

2. Non-application of the sentencing criteria: A person who attempted to commit a crime is not subject to the sentencing criteria. 3. The defendant tried to prevent a fire in his/her dwelling room and his/her victim was living.

This crime of fire prevention is basically a crime detrimental to public safety and peace, and is likely to cause serious harm to the life and property of a person with no risk of causing such crime.

However, the fact that the defendant shows the appearance of recognizing and opposing the crime, the crime of this case was committed not only against attempted crimes, but also the place where the crime of this case was committed was a detached house, the defendant contacted the investigation agency before the fire prevention was conducted, the fire prevention method (on the floor by attaching a stop of 2 to 3) and the degree of fire, the carpet, and the hand floor of the fire.