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A defendant shall be punished by imprisonment for not less than nine 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
The defendant, who is a neighboring resident, tried to look at the victim's house, purchased inflammables in advance, and prepared a disposable dog on the ground that the victim B, who is a neighboring resident, was suffering from conflicts between husband and wife.
On June 5, 2019, at around 14:15, the Defendant came into the house of the victim B located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, confirmed that the victim B and his children were located in the house, and distributed one stoper prepared in advance to the studane he he he he accumulated under the eaves, and attached one stopter in his possession.
Thus, although the defendant tried to destroy a building used as a residence by the victims, there is no concern that neighboring residents who discovered that the building was on the window frame and postal items, etc. might suffer disadvantages to the defendant's exercise of his/her right to defense. Thus, the defendant is recognized as such without changing the indictment.
They did not commit an attempted crime but did not commit the wind that has caused water to spread.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of the witness B;
1. Statement made to D by the police;
1. Records of seizure and the list of seizure;
1. Application of each statute on photographs;
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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
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 punishment by law: Imprisonment with prison labor for a period from nine months to seven years and six months;
2. Scope of recommended sentences according to the sentencing guidelines: Fire-fighting and public structures, such as suspender buildings and structure, are not applied to attempted crimes, but considering the sentencing guidelines for the present main building and fire-prevention (decision of types) for the proper sentencing based on the appropriateness of sentencing.