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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
(b)aggravated increase in concurrent crimes to the extent;
1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act) of the suspended sentence is that the crime of fire prevention of this case was destroyed by setting fire in an apartment with the object in the apartment, and it is not good to commit the crime in light of the risk that the fire can be moved to an apartment where many people reside and the damage may be greatly expanded, and that the defendant has the same criminal record as the defendant has been punished by a violent crime is disadvantageous to the defendant.
However, the fact that the defendant fully recognizes the crime is against the defendant, the degree of actual damage caused by the crime of fire prevention of this case is minor, the victim is not at risk of other damage, such as injury, etc. due to the crime of assault, the defendant seems to have committed each crime of this case contingently as he is challenged with the victim, and the fact that the victim wants to take a preference against the defendant, and that there is no record of receiving a suspended sentence or heavier punishment is favorable to the defendant.
In addition to these circumstances, all of the sentencing conditions in the instant case, including the motive, means, and result of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and family relationship, and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court (one year to one year);
1. Second offense: Violence crime group, assault crime group, six types (special assault for repeated crime), area of special mitigation (in cases where the degree of assault is minor, it is not punishable), two months to one year and two months from the date of imprisonment;
2. Sub-crime 2; Fire-fighting crime group; general standards; type 3 (Setting fire-fighting of general goods); special mitigation area (in cases where actual damage is minor, no penalty shall be imposed); imprisonment with prison labor for three months to one year; and standards for suspension of execution for one year from one year to eight months (in accordance with the lower limit of a statutory applicable punishment: major reasons for affirmative consideration: non-conformity of punishment; minor attitude of crime).