A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

At around 21:20 on March 23, 2020, on the ground that C does not pay the Defendant’s obligation before his residence, the Defendant: (a) away gasoline contained in the plastic box prepared in advance from the dwelling place of Gyeonggi-si B; (b) laid off the gasoline in front of his dwelling place; and (c) laid off the gasoline with a stopter on the wall, floor, etc. of the first floor of the said dwelling area.

As a result, the defendant set fire to a building used by a person as a residence, which is about KRW 300,000,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs, photographs of the suspect, and details of settlement, analysis photographs of CCTV in the DNA gas station, reports on results of field identification, records of on-site identification of the fire incident, and estimates;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article of the Criminal Act, Article 164 (1) of the Criminal Act, the choice of limited imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of recommended punishment according to the sentencing guidelines [the range of recommended punishment] shall be [the category 1] the general criteria for fire-fighting crimes, such as suspender buildings, etc., fire-fighting of public structures, etc. (special sentencing factors] mitigation factors: Voluntary number of persons, exemption from punishment (the scope of recommended area and recommendation range] special mitigation areas, and nine to three years of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and with the suspension of execution for a period of three years as follows: The sentence shall be determined as ordered in consideration of all the circumstances, such as the age, character and conduct, environment, motive for, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: Fire-fighting crimes are highly likely to undermine public safety and peace, and the nature of such crimes is not good, and when considering that C was in the building at the time of committing the crime, there was a risk of human life damage due to the instant crime.