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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, a public rental apartment, is living together with the defendant's mother-friendly D in Geumcheon-gu Seoul Metropolitan Government B apartment and C.

On November 29, 2019, at around 02:15, the Defendant: (a) attached a stop using a log (proof No. 1) in which D was in possession on the ground that D did not provide money; and (b) attempted to extinguish the entire residence by transferring the newspaper site to a place where a newspaper was he was he stored and a bit, etc. where he was covered by the newspaper site; (c) but (d) attempted to extinguish the fluent length, and (e) attempted to commit the crime by extinguishing water by extinguishing water by the Defendant and D.

Thus, the defendant tried to destroy a structure used as a residence by a person, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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 fifteen years;

2. Not applying the sentencing criteria: An attempted offender is not subject to the sentencing criteria.

3. According to the decision of sentence, the punishment shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the age, character and conduct, environment, family relationship, and the motive and circumstances of the crime in this case, which are favorable or unfavorable to the defendant.

D. Unfavorable circumstances: The Defendant committed the crime of fire prevention of this case during the night. Fire prevention crimes may impair public safety and peace and cause serious damage to life, body or property of a large number of people.