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 becomes final and conclusive.

Punishment of the crime

On October 29, 2014, at around 08:45, the Defendant 105, 201, c apartment 105, 201, c apartment 201 in Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, after drinking alcohol in the dwelling room, sent off to the Defendant’s wife D with a view to raising a door to work on the newspaper of the above D, and added 20 liter equivalent to gasoline 20,000, which was in the oil tank on the home, to a door-to-house, and used a fire extinguishing machine in the string in the string to-facely string the string.

Thus, although the defendant tried to destroy the above residence used by D, E, etc. as a residence, he did not achieve the intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing evidence photographs;

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. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

1. The sentencing criteria shall not apply to an attempted offender who is not subject to the sentencing criteria;

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 prevent fire was an apartment, and if the defendant did not immediately extinguish the fire, a large number of people can be different.

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.

The defendant, while under the influence of alcohol, committed the crime of this case by contingently, and tried to extinguish directly by using fire extinguisherss in a fluence.