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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, around August 3, 2014, passed through E-building owned by the victim D in Ansan-gu, Ansan-si, and around that time, had thought that the basic cost of supply and demand was lost, with the mind that the Defendant was about the loss of the basic cost of living.
At around 19:30 on the same day, the Defendant sent a e-mail with an underground floor near the entrance of the building, where the Defendant was in possession of the said e-mail, and was in possession of the said e-mail.
As a result, the Defendant attempted to destroy part of the victim D's building that had been located in F, etc. but attempted to commit an attempted crime on the wind that could not be destroyed by a fire.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes to each photograph, investigation report (the Gyeonggi Provincial Police Agency's scientific investigation team's opinion on the fire fighting team), investigation report (whether fire fighting is possible against the present main building);
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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
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. The sentencing criteria for the crime of fire prevention do not apply to an attempted crime of sentencing under Article 62-2 of the Probation Criminal Act.
2. Determination of sentence: Imprisonment with prison labor for one year, and two years under a suspended sentence, the Defendant committed the instant crime by inserting mail in general mail and attaching fire to the building in which people exist. As such, if the Defendant starts to the front part of a subdivision as paper, etc., it would be highly likely that flames might spread by being adhered to nearby combustible materials such as electric wires and clothes, and the Defendant’s act would cause serious damage to the lives and property of the large number of people.