The punishment of the accused shall be determined by one year and six months.

However, for three years from the date this judgment becomes final and conclusive, the sentence shall be executed.

Punishment of the crime

On June 13, 2019, around 10:50 on June 13, 2019, the Defendant: (a) around 10:50, at the house of the victim D (the front of the Defendant) of Chuncheon B apartment C (the front of the Defendant) and on the ground that, under the influence of alcohol, the Defendant: (b) caused tobacco to the Defendant’s son; (c) but, under the influence of alcohol, E entered into a scheme without having to answer it; (d) attached a fire to the guns of the Japanese-style cremation cremation paper; and (e) attached a fire to a visit of wooden material by setting it to the E’s visit limit; (e) however, the Defendant left snick and laid out from the outside.

Thus, although the defendant tried to extinguish a fire by setting fire to the residence of D, he did not achieve his intention but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to visit the site;

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. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. As to the Defendant’s assertion on Article 62-2 of the Probation Criminal Act, the Defendant asserts that there was no commencement of the current structure or fire prevention with respect to the instant crime, and that there was no intention of fire prevention.

The defendant's assertion shall not be accepted in light of the following circumstances admitted by evidence:

① In the case of a fire-prevention of a building by means of ignitioning through a media, it is deemed that there was a commencement of the commission of the crime of fire-fighting when the criminal attached a fire to the media (see, e.g., Supreme Court Decision 2001Do6641, Mar. 26, 2002). The Defendant attached a fire to the guns to be temporarily suspended in a single-use tool, thereby setting the door to the door of the visit, and thereby, partially doing so.

(2) According to the legal statement of E, the photograph taken of the parts of the visit, etc., the Defendant, while recognizing the possibility of fire in the victim’s residence, does not have the possibility of fire prevention at least by allowing it.