A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Reference Facts] On June 8, 2017, at around 01:0, the Defendant, while drinking alcoholic beverages at D’s house located in C203, on the ground that it is bad for the Defendant to go out of the house on the ground that it is bad for the Defendant to go out of the house while drinking alcoholic beverages at D’s house, which is located in C203 on June 8, 2017, and the head of 5 to 6 is removed from the front door attached to the entrance of the 2nd floor room, and put it into a buter who is stored in the corner of the second floor room.

[ criminal facts] The defendant continued to set up a space between the first floor and the second floor stairs, where the above temporary landscape was set up

E By putting cigarette butts on inflammable materials, such as species, figures, wooden clothes inside the bicycle loading box, etc., it was put in a flammable material, thereby causing public danger that can be moved to all or part of the above multi-family house building.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on the occurrence of a fire, report on internal investigation (report on internal investigation of the on-site conditions, etc.), field photographs, and images of crimes committed by the accused;

1. An investigation report (a CCTV confirmation and attachment inC) - A CD;

1. Determination as to the assertion of the defendant and his defense counsel in the investigation report (to listen to the statement of the above person E)

1. The summary of the assertion was that it was true that there was a fire as stated in the facts of the crime in the judgment of the defendant, but the crime was not completed, such as the transfer of goods at the time of the case, and the occurrence of public danger was not caused by the fire of this case, and the defendant did not recognize the occurrence of public danger.

Even if the defendant's act was completed, since the defendant's fire was an unclaimed thing, this case constitutes a crime of fire prevention of general goods under Article 167 (1) of the Criminal Code, not a crime of fire prevention under Article 167 (2) of the Criminal Code.

2. Determination

A. The crime of fire prevention as to whether or not an object owned by another person has been committed, and the crime of fire prevention has been committed in a state of burning it by himself, regardless of the intermediate object.