A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

The Defendant leased part of the 1st floor building among the commercial buildings owned by E in Do at the time of racing and operated the iron store with the trade name of "F".

On November 16, 2010, the Defendant, at around 21:07, 21:07, turned on a portable gas siren that is located in the front of a toilet in front of a toilet at a steel storage point, and made a fire spread to the ceiling by attaching a fire to an explosive by a shot gas.

Therefore, the defendant, who was kept in a steel store, destroyed the building owned by E in excess of 40 million won in total to cause public danger by disposing of goods equivalent to the market value of the defendant's ownership, and at the same time, destroyed the building in excess of 18 million won in total.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. A report of investigation (investigative records 9394 pages), photograph (20 through 32 pages, 95 through 98 pages of investigation records);

1. An investigation report (USB);

1. A report on fire-proof results and an appraisal report;

1. A signal list (76 to 79 pages of investigation records);

1. Application of the Act and subordinate statutes to the table for requesting an appraisal (120121 pages), the table for requesting an appraisal (165 through 168 pages of investigation records);

1. Article 166 (1) (the occupation of general buildings and fire prevention), Article 167 (2) and (1) (the occupation of general goods and fire prevention) of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a building or fire-prevention heavier than that of a general building);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a fire has not occurred due to early extinguishment, the fact that the defendant was unable to gain profits from committing the crime, and the fact that there was no previous conviction subject to a fine exceeding the last ten years);

1. Determination on the defendant's assertion of Article 62-2 of the Social Service Order Criminal Act

1. The defendant asserts that there is no fact that the steel store was destroyed by the fire.

2. Determination

A. There is room for a judge to make a reasonable doubt in a criminal trial.