A defendant shall be punished by imprisonment for one year.

except that 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 29, 2014, around 19:06, the Defendant used a dog in the 21st floor of the Kucheon-gu, Seocheon-gu C apartment building 21st floor, which was in possession of a fire on the apartment rooftop, and attached a fire to the rooftop sperm and the flower.

Accordingly, the defendant destroyed the market price of 570,000 won such as sperm.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Written estimate;

1. On-site photographs, CCTV closure photographs, and photographs of the suspect's attachment;

1. Application of Acts and subordinate statutes to police investigation reports (No. 1, 3, 5, 9 of the list of evidence);

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15448, Apr. 2,

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing following the period of suspended sentence);

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommended sentences according to the sentencing guidelines (decision of types), group of fire-fighting crimes, general standards, type 2 (Setting fire to general buildings, etc.) (special-sponsor), penalty not (Scope of recommending punishment): Imprisonment with prison labor for not less than one year nor more than two years;

3. Determination of sentence: One year of imprisonment, and two years of suspended execution are fire by attaching fire to the rooftop sperm and flower, and in consideration of the fact that the defendant has a large social risk of fire due to fire and that there was a risk of spreading to a large fire by setting fire as above, the criminal liability is not easy.

However, under the influence of alcohol, the defendant seems to have committed the crime of this case by contingency, the fact that his mistake is divided and reflected, there is no record of criminal punishment against the defendant, and that the defendant has agreed with the victim smoothly, and the defendant's age, character and behavior, family environment, motive and background of the crime, means and method of the crime, and circumstances before and after the crime, etc. shall be determined as ordered by taking into account various sentencing conditions as shown in the arguments of this case, such as