A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

From June 2016, the Defendant worked as the main employee at the “E” restaurant for the victim’s D’s “E” restaurant operated by the Seoul Special Metropolitan City, Gwanak-gu Seoul Special Metropolitan City (hereinafter “instant building”). On January 30, 2017, the Defendant dismissed the victim, and purchased one bubter at the convenience store located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City F.

1. On February 9, 2017, at around 00:05, the Defendant attempted to destroy the instant building used as a residence by attaching a racker prepared in a tent located within the ceiling-based waste wing place, in the kitchen consisting of a tent linked to the instant building, at around 00:05, on February 9, 2017, the Defendant attempted to block the instant building, which was used by a person as a residence. However, on the first floor of the instant building, the Defendant failed to perform an attempted attempt because the G president H, who was on the first floor of the instant building, was destroyed only a part of the tent with the wind extinguishing the fire.

2. On February 10, 2017, the Defendant: (a) tried to walk the said tent partially destroyed by fire around 02:16 on February 10, 2017; and (b) destroyed the instant building that a person uses as a residence by attaching a fire with a racker prepared in a tent and an abnormal stringer in the kitchen, which is composed of a tent and an abnormal stringer; (c) however, the Defendant did not commit an attempted crime without carrying only the string species of the fire and without any further spreading.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on the results of field identification and replies to cooperation in investigation;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 174 and 164 (1) of the Criminal Act concerning the selection of punishment (opportune imprisonment);

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment prescribed for the attempt to prevent the present main structure or the crime on February 9, 2017, with a heavier penalty);

1. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).