A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

피고인은 2018. 12. 12. 20:50경 서울 용산구 B, 2층에 있는 마사지 업체 매장 겸 피고인의 사실혼 배우자 C와 함께 사는 주거에서, 경제적 사정이 곤란한 것을 비롯한 여러 가지 신변의 곤란함을 비관하여 평소 담배를 피우기 위해 가지고 다니는 라이터로써 그곳에 있던 이불에 불을 놓아 위 건물을 태우려고 하였으나, 스스로 물을 뿌려 자신이 놓은 불을 껐다.

As above, the Defendant attempted to destroy the above structure used by a person as a residence, but did not have such intent but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Application of statutes governing reports on results of field identification;

1. Article 174 and Article 164 (1) of the Criminal Act applicable to the crimes;

2. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. The scope of punishment by law: Imprisonment for nine to seven months;

2. Scope of recommending sentencing criteria: The sentencing criteria shall not be set due to suspended criminals.

3. Determination of sentence: Ten months of imprisonment and two years of suspended execution are serious crimes that may cause serious damage to the life or property of others. The above place used by the defendant as a residence is located in a commercial building, and the building and its surrounding building are used by sports facilities such as a large number of people, a singing room, and a large number of fire leading to a large amount of fire, such as the building and its surrounding building, and the defendant has a criminal record of a large number of fines and suspended execution.