A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

The defendant has been notified by B of a separate relationship with B, and around December 2019, the defendant was notified by B.

On January 1, 2020, the defendant around 01:30, on the ground that B was not from telephone in front of the office of the Busan, Jinagu CB, Busan, and that B was not in front of the office of the head of the Gu, the defendant added fire to the front of the above office of the head of the Gu and caused the fire to spread to the wall of the first race, the son.

Accordingly, the Defendant destroyed the structure that B et al. uses as a residence by setting fire to a 350,000 won for repairing expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (for failure to attach a victim’s statement B);

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of 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 one year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of recommended sphere and the range of recommended punishment], and one year and six months to three years in imprisonment, where fire prevention factors are reduced [the category 1], such as main buildings, fire prevention of suspend buildings, public structures, etc., fire prevention factors (the special appearance factors]: In cases where punishment is not granted or considerable damage has been recovered (the area of recommendation and the scope of recommended punishment];

3. Determination of sentence: The sentence shall be determined as ordered, comprehensively taking into account various factors of sentencing as shown in the arguments in this case, such as imprisonment with prison labor for a year and six months, suspension of execution of two years, and the age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

In this case, the life and property of the above residents is serious. It is the case that many residents use it as a residence.