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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.
Reasons
Punishment of the crime
On December 31, 2017, at around 01:30 on December 31, 2017, the Defendant expressed that “A victim F (n, 47 years of age) in de facto marital relation D with customers drink and sing together with their customers,” and, while under the influence of alcohol, the Defendant expressed that “Ise the cry, if Ise, Ise., Ise., Ise., Ise., Ise.., Ise., Ise., Ise., Ise., Ise., Ise., Ise.”
The Defendant prevented the Defendant and destroyed the entire inside the house by putting 2 strings on the floor, which were on the tables in order to remove the oil from the bottom with the Victim G (V, 53 years old). The Defendant: (a) turned on two strings, which were on the tables in the above main place; (b) laid on the floor; and (c) turned on the ceiling, walls, etc.; and (d) caused the fire to spread to the inside of the house.
As a result, the Defendant destroyed the amount equivalent to KRW 38,462,00 of the market price, such as the reflective cycle in the main place, and suffered approximately 4 weeks images from the victim F and the victim F, and the victim G suffered approximately 2 Do images from the victim F, which require approximately 4 weeks of treatment, and the victim G, respectively, about 4 weeks of the core images of the right side in need of approximately 4 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to H, I, J, G, and F;
1. A written statement of F and G;
1. A protocol of seizure and a list of seizure;
1. Application of the Acts and subordinate statutes of each field photograph, 112 report processing, fire dispatch report, fire situation report, each diagnosis letter, photo of seized articles, photograph of seized articles, request for appraisal, response to request for appraisal, photograph of seized articles, photograph of destruction of seized articles, fire identification, record of fire identification, order for dispatch, first-aid service activity log, and written estimate;
1. Relevant provisions of the Criminal Act and the main sentence of Article 164 (2) and Article 164 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order is 1.