A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

[Reference Facts] The defendant, victim B, and C are private villages.

On October 23, 2020, the defendant, who had been dissatisfied with the sale of his own land in Gyeongcheon-gun, to the victims for about two years, was willing to fire in the victims' residence. On October 23, 2020, the defendant purchased gasoline at the E station located in the vicinity of his residence in the Changwon-si, Changwon-si, and prepared tobacco and gater for the exploitation of tobacco.

[Criminal facts]

1. On October 23, 2020, the Defendant attempted to commit the fire prevention of the suspender building: (a) in the victim B’s residence located in F of the Gyeongnam-gun on around 23:04 around 23:04, the Defendant confirmed the fact that the victim was not injured; and (b) did not put the tobacco on the floor of the multi-use room where the victim prepared to extinguish fire in advance by destroying the enormous machine that the victim was waiting for committing the crime, and the metal product in the vicinity, which was destroyed by a glass door, while the victim was waiting for committing the crime.

Thus, the defendant tried to destroy a structure used as a residence by the damaged person, but did not commit an attempted crime.

2. On October 23, 2020, the Defendant, in preparation for fire prevention of the instant building, was examined in front of the victim C’s residence in Gohap-gun G around 19, 2020, with gasoline prepared in advance, such as on the premise in the foregoing premise, and examined the victim’s residence for about seven minutes with the wall width located therein.

Accordingly, the defendant prepared gasoline, etc. for the purpose of setting fire to a structure used by the injured person as a residence, and made a preliminary fire to the present building.

Summary of Evidence

1. The Defendant’s legal statement B and each police statement written by the police against C and documents attached thereto (at the end of 4,5,6,9 through 13, 16, 17, 18, 21, 22) investigation reports and accompanying documents (at the end of 23,24, 28, 29, 37, 38, 39).