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

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

Punishment of the crime

The defendant is the legal couple married on February 9, 1991 between the victim C (54) and the married couple on February 9, 1991, and there has been conflicts over several years with the victim due to his external rating and drinking problems.

1. Whether the Defendant who attempted to commit a crime against a existing structure or fire on or around 15:00 on or around 29:1, 201, the Defendant is under the influence of alcohol in his/her residence of 101 Dong-dong 1401, the Busan Blue-gu, Busan, and is not under the influence of alcohol to “divate.”

The phrase “the victim is not a bad person to divorce the property against the victim,” and the phrase “it is necessary to divide the property,” and the phrase “it is necessary to divide the property;

그냥 태워 버리면 되지 "라고 말하며 소지하고 있던 라이터로 화장지에 불을 붙여 집에 뿌리고, 이에 피해자가 불을 끄고 있는 사이에 안방에서 자신의 체육 복 바지를 꺼 내 와 라이터로 불을 붙이려 하였으나 불이 잘 붙지 않자 가스레인지에 불을 켜서 바지에 불을 붙여 집안을 소훼하려 하였으나, 피해자가 불이 붙은 바지를 빼앗아 발로 불을 껐다.

Thus, the defendant set fire to and destroyed the existing structure of the victim, but did not commit the attempted crime.

2. The Defendant damaged property at the same date and time, and at the same place, destroyed the market price in which the victim and the victim jointly own the front door of the apartment house.

Accordingly, the defendant damaged another person's property and harmed its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of statutes, such as field photographs and investigation reports (Evidence Nos. 2)

1. Relevant legal provisions concerning facts constituting an offense, Articles 174, 164 (1) (the fact of attempted fire-prevention of existing buildings, the choice of imprisonment with prison labor) of the Criminal Act, and Article 366 of the Criminal Act (the fact of damaging property and the choice of imprisonment with prison labor);

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act (with respect to the attempted crime of arsoning an existing structure), to be mitigated;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier) of the aggravated concurrent crimes.