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

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

Punishment of the crime

After the Defendant divorced with his wife five years prior to the divorce, the Defendant sent children to the Infant Care Center, and took the place of his wife living without a certain occupation, and raised awareness that the Defendant committed suicide by attaching the fire No. 201 of the Incheon Bupyeong-gu Down-gu Down 201, which is used as a residence with his birth C.

On March 21, 2014, at around 14:30, the Defendant: (a) laid clothes on the floor of a living room on the floor of the living room; and (b) moved the clothes to the floor of the non-breadth living room.

Accordingly, the defendant tried to extinguish the E-owned market value of KRW 60 million, which is the mother of the defendant used as a residence together with C, but failed to achieve his intention by extinguishing it by fire officers dispatched after receiving a report.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Application of Acts and subordinate statutes to field photographs and letter copies;

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considered reasons for discretionary mitigation);

1. Not applying the sentencing criteria: Attempts; and

2. Determination of sentence: Imprisonment with prison labor for ten months and suspended execution for two years, fire-fighting crimes, such as this case, are highly likely to cause property losses as well as human life damage;

In particular, the place where the defendant attempted to commit a fire was sublete, and if the defendant did not immediately extinguish the fire immediately, many people could do so.

Considering these circumstances, it is necessary to punish the defendant.

However, even though the crime of this case was committed in an attempted attempt, the degree of damage is not much significant.

While the defendant was suffering from depression, the defendant committed the crime of this case by contingency in order to control his wife and commit suicide.

The defendant has no previous fault and has depth of his mistake.