A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

피고인은 2018. 1. 14. 23:44 경 포 천시 C에 있는 피고인의 농막에서, 지인의 상가에 갔다가 늦게 돌아와 위 농막에 있었다는 이유로 아내와 말다툼을 하던 중 화가 나 위 농막을 태워 없애기 위해 그곳에 있던 휘발유를 농막 입구 바닥에 뿌린 후 토치를 이용하여 위 휘발유 및 농막 출입구에 설치된 카펫 원단에 불을 붙였으나, 카펫 원단에 불이 붙어 불길이 일어나는 것을 보고 겁이 나 주변에 있던 물을 부어 불을 껐다.

Accordingly, the defendant tried to commit an attempted crime of setting fire to a structure used as a residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 26 and Article 55 (1) 3 of the Criminal Act to mitigate attempted suspension;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of nine months to seven years and six months;

2. An attempted criminal is not subject to the sentencing criteria;

3. Determination of sentence: Imprisonment with prison labor for one year, two years under a suspended sentence, and the age, sex, environment, motive and circumstances of a crime, method of a crime, and circumstances after a crime shall be comprehensively considered, and the sentence shall be determined as ordered by the court.

[D] In light of the fact that the crime of this case was committed in a plastic house (a scam) used by the Defendant as a temporary residence together with his spouse, and that the occurrence of serious human and property damage could occur, the Defendant’s liability for the crime of this case may be mitigated.

subsection (b) of this section.

[The favorable circumstances] The Defendant committed the instant crime.