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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant, who is his wife B and C, did not ignore himself and talk with him, was born a complaint in his residence for the reason that he was not living together with his children.
On February 9, 2020, at around 23:55 on February 23:5, 2020, the Defendant attached a disposable dog in possession of the building D in Eunpyeong-gu Seoul, and the Defendant’s house located in E, by piling up the floor of the dwelling room with a string clothes and clothes. However, the Defendant’s wife C was found to have discovered it and turned down to the entire house.
Thus, the defendant tried to extinguish the residence in which people exist, but did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Each statement of B and C;
1. Records of seizure and the list of seizure;
1. Application of on-site photographs, seized objects photographs and Kaxos Acts and subordinate statutes;
1. Article 174 and Article 164 (1) of the Criminal Act applicable to the crimes;
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. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the 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: An attempted offender is not subject to the sentencing criteria.
3. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended execution, the defendant tried to fire a building used as his/her family together with the victims who are his/her family members, for reasons that it is impossible to understand, and the liability for the crime is not easy.
However, the defendant recognized all of the crimes of this case as well, the defendant's wife, the victim B did not want to be punished against the defendant, and if the defendant wishes to live in Kakakao Stockholm, he sent a warning to his wife C before the crime of this case, and the family members who were in his possession immediately after the crime of this case was attached are broken.