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

On June 15, 2015, around 23:30 on June 23:30, 2015, the Defendant: (a) around the residence of the victim D (n, 54 years of age) located in Gangnam-gu Seoul building C; (b) filed complaints with the victim who does not know himself well; (c) opened the boom of the cargo vehicle installed on the outside of the victim’s inner window, and opened the inner window that was not corrected; and (d) opened the inner window where the boom was not corrected, and put a fire above the bed.

이에 불이 붙은 것을 보고 깜짝 놀란 피해자가 잠에서 깨어 그릇에 물을 받아 불을 끄는 도중에도 계속하여 밖에서 전단지 종이에 불을 붙여 침대 안쪽으로 집어 던져 불을 놓았으나, 피해자가 불을 끄는 바람에 피해자의 안방에 있는 시가 100만 원 상당의 이불, 베개 등 침구류를 소훼하고 벽을 일부 그을리는 데 그치고 그 불길이 위 가옥으로 번지지 아니하여 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A report on seizure and a report on the actual status;

1. Application of statutes on site photographs;

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

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 (Discretionary Reasons for Discretionary Mitigation);

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. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Determination of sentence: One year and six months of imprisonment, three years of suspended sentence, one year of probation, one year of community service, and 80 hours in the area where other buildings are concentrated. Therefore, if a fire has not been removed from time to time.