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.

Punishment of the crime

피고인은 2012. 12. 18. 01:25경 서울 노원구 C에 있는 피고인이 거주하는 피해자 D 소유의 E고시원 28호실 내에서 혼자 사는 것이 힘들어 죽고 싶다는 이유로 미리 소지하고 있던 라이터의 불을 켠 다음 옷장에 걸려 있던 의류에 불을 붙여 위 E고시원을 소훼하려 하였으나, 피고인이 불을 지른 것을 알고 있던 옆방 동료가 소화기로 불을 끄는 바람에 그 뜻을 이루지 못하였다.

Accordingly, the defendant tried to extinguish the above E-Public Notice Board used as a residence by 39 persons such as D, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. A report on the occurrence of a fire;

1. On-site map and photograph;

1. Records of seizure and the photograph of seized articles;

1. Application of Acts and subordinate statutes to a report on investigation (verification of details of damage);

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. The defendant's defense counsel on the assertion of the defense counsel under Article 48 (1) 1 of the Criminal Code of Confiscation asserts that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime of this case.

In light of the records of this case, although the defendant was found to have been drinking at the time of committing the crime of this case, he stated to the effect that "the defendant had never taken a large amount of drinking at the time of committing the crime of this case," the circumstances of the crime, detailed methods of the crime, the amount of drinking alcohol, the behavior of the defendant before and after the crime of this case, and the process of the crime of this case are sufficiently memoryed (the defendant stated to the effect that "at the time of committing the crime, he did not take a lot at the time of committing the crime)."