The punishment of the accused shall be determined by one year and six months.

However, for three years from the date this judgment becomes final and conclusive, the sentence shall be executed.

Punishment of the crime

피고인은 2019. 9. 8. 10:20 무렵 남양주시 B에 있는 피해자 C 주거지 D호 현관문 앞에서 술에 취해 피해자에게 문을 열어달라고 요구하였으나 피해자가 이를 거절하였다는 이유로 “불을 질러 다 죽이고 나도 죽겠다”라고 하면서 그곳에 있는 종이박스를 찢어 현관문 앞에 쌓아두고 소지하고 있던 라이터로 종이박스에 불을 붙였으나, 불길이 치솟자 겁이 나 발로 종이박스에 붙은 불을 밟아 껐다.

Thus, the defendant tried to commit an attempted crime by setting fire to a building used by a person as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Although the sentencing criteria are to be applied to the attempted crime, the sentencing criteria for the main building and fire prevention, the victim does not want the punishment of the defendant, and the defendant's age, character and conduct, motive, means and consequence of the crime and circumstances after the crime are taken into account, the punishment shall be determined like the order.

[Sentencing Criteria on Fire Prevention of Present Living Building] Determination: Reference Criteria (Type 1), [Attachment 1] Fire Prevention of Present Living Buildings, Fire Prevention of Public Buildings, etc., - Mitigation elements: In cases where actual damage is minor, the area of recommendation and the scope of recommendation: Special mitigation range, grounds for suspension of execution that there is no person who has been sentenced to imprisonment from September to March 3: In cases where actual damage is minor: Non-members of punishment.