A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not interfere with the defendant's right of defense.

피고인은 2020. 8. 1. 00:01 경 전 남 목포시 B에 있는 C 운영의 모텔 D 호에서, 여자 친구와 다툰 일 등의 문제로 다른 투숙객이 있는 위 모텔에 불을 지르기로 마음먹고, 그 곳 화장실 앞에 있던 천 소재의 발판에 라이터로 불을 붙여 발판 일부와 장판 등에 불이 붙었으나 불을 보고 겁이 난 피고인 스스로 물을 부어 불을 껐고, 계속해서 피고인은 휴지 뭉치를 그곳에 있던 쓰레기통에 넣고 불을 붙였으나 112 신고를 받고 현장에 출동한 경찰관에 의해 진화됐다.

Thus, the defendant tried to fire the Maurel building, which is a building in which people exist, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A list of seizure records (voluntary submission), and a 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 selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The 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. The scope of punishment: Imprisonment with prison labor for not less than nine months but not more than seven years and not more than six months;

2. Scope of recommended sentences according to the sentencing criteria: The sentencing criteria shall not apply since they are minor offenders.

3. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, and the following circumstances shall be taken into account, and the defendant's age, sex, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments of this case, and recommended sentencing criteria.