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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 06:00 on November 14, 2012, the Defendant: (a) attached a cigarette in the front door of the floor located on the floor of the C Apartment 107 elevator in Busan Metropolitan City, Busan Metropolitan City; (b) however, on the third floor, the Defendant did not attach a cigarette and destroyed the fire to the baby-owned D owner of the victim’s corridor at around 302, which could not be known; and (c) caused public danger.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and D;
1. Eight copies of the photograph;
1. Application of Acts and subordinate statutes to investigation reports (Evidence records 18, 19 pages);
1. Article 167 (1) of the Criminal Act applicable to the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Six months to one year from the imprisonment with prison labor for a prison labor within the scope of applicable sentences under law; and
2. Scope of recommended sentences according to the sentencing criteria;
(a) Standard for punishment and sentence [Determination of a sentence] General Standard for Fire Prevention (Special Convicts): Fire Prevention (Special Convicts): In cases where actual damage is minor, in which case punishment is not imposed [Scope of Recommendation] Special Mitigation Area: From three months to one year (General Convicts): Instrut reflectiveness: Imprisonment from three months to one year (General Convicts):
(b) Six months to one year from the revised sentencing range (in accordance with the lowest limit of the applicable sentencing range under law); and
(c) Criteria for the suspension of execution [main reasons for the suspension of execution] positive: Where actual damage is insignificant, the failure to punish him/her [general reasons for the suspension of execution] positive: Clear of social relationship and serious reflections.
3. Six months of imprisonment with prison labor and one year of suspended sentence; and