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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 13, 2012, at around 22:56, the Defendant, a lineal ascendant of the Defendant in Gangnam-gu, Gangnam-gun, J (Y, 12 years old), brought about a dispute with the Defendant on the ground that the Defendant, within the residence of the Victim E (M, 74 years old), who is the lineal ascendant of the Defendant in J, J (Y, G, 11 years old), had been living together with the Defendant, without permission.
The Defendant stated to the above G as follows: “I will bring a balk oil, if I will do not bring a balk to schools, I will flue a fire.” The Defendant stated that the above G, which was next to it, has a small gasoline number of gasoline, to the Defendant, and that “I will bring a balk to the oil in the form of oil,” and that “I will bring a balk to the oil in the form of oil.” On the other hand, I received one half of gasoline 20 liters (20 liter) from F, which is a dangerous substance in the house.
Since then, the defendant, who is dissatisfied with the victim for the same reason, sent the victim the horse of the victim that he would grow together with F and G with F, and added the victim with the gasoline as a measure, and thereby, threatened the victim with oil by spreading oil in a way that would cause the victim to feel fear, as if he were to go against the house.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement concerning F and G;
1. The police statement of H;
1. The actual condition survey report;
1. Each appraisal report, each request for appraisal, and a fire site investigation report;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (2) of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. Considering that the nature and risk of the instant crime for the reason of sentencing under Article 48(1)1 of the Criminal Act is considerable, and in particular, the occurrence of the Defendant’s act, which led to the occurrence of a result that is, the fire of the present main structure and the death of the victim, is difficult.