A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

피고인은 2013. 1. 25. 13:00경 서울 동작구 C아파트 111동 1101호에 있는 피해자 D(여, 55세)의 집에서 피해자로부터 교제를 중단하자는 이야기를 듣자 여기에 화가 나서 가지고 있던 가스라이터로 휴지에 불을 붙인 후 안방에 있는 침대 이불에 던져 그 아파트를 소훼하려 하였으나, 연기가 나는 것을 보고 겁을 먹어 피해자와 같이 이불을 이용하여 불을 껐다.

Therefore, although the defendant tried to destroy a structure used as a residence by the victim D, he did not go through his own fire and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to seizure records and evidential materials;

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing)

1. Probation under Article 62-2 of the Criminal Act;

1. The defendant's crime of this case for the reason of sentencing under Article 48 (1) 1 of the Criminal Code is an apartment that is an apartment where many place of crime is residing in a large number of places of crime.

However, the Defendant violated the instant crime in depth, listened to the talk that the victim would stop teaching materials from the victim, and obstructed the instant crime in the victim’s apartment building by setting fire and extinguishing the fire at an early stage. The Defendant prevented the Defendant from putting the instant apartment building into fire by setting it up.

In addition, the Defendant did not have any previous conviction prior to the instant crime.

It is so decided as per Disposition in consideration of the above points.