A defendant shall be punished by imprisonment for one year.

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

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

On September 18:15, 2019, the Defendant tried to burns the victim’s residence on the ground that, while drinking alcohol in the victim’s residence (around 18:15, 2019, the victim, who was living together, had been living together in the victim’s house No. O apartment D with the victim’s house No. 2 and O apartment D, had attempted to capture the victim’s house to contact other women who were not the victim’s own house (a.e., 28cm, vertical 45cm) on the ground that he had been living together with the victim, but failed to achieve the purport by discovering and

Thus, the defendant tried to extinguish the residence in which people exist, but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police protocol of statement B and C (in the case of B, the second written statement shall be included);

1. Records of seizure and the list of seizure;

1. 사진 [피고인은 라이터로 불을 붙인 수건을 가스레인지 위에 올려놓았을 뿐 불이 켜진 가스레인지 위에 수건을 올린 것이 아니라고 주장하며 범행경위에 관하여 다투고 있으나, ① 피해자가 일관되게 ‘피고인이 라이터가 작동하지 않자 주방으로 가 가스레인지에 불을 켠 다음 수건을 그 위에 던졌다(수사기록 18~19, 60쪽)’고 진술한 점, ② 피고인은 범행 이후 만취한 상태로 112 신고센터에 전화하여 ‘불 질렀다. 가스레인지에’라고 말을 한 점(수사기록 38쪽) 등을 고려하면, 피고인의 위 주장은 받아들이기 어렵다.] 법령의 적용

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

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

2. Not applying the sentencing criteria: