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.

Criminal facts

On April 29, 2013, the Defendant: (a) around 02:00, the D Apartment 123 Dong 501, the house of the Defendant in Seongbuk-gu, Sungwon-si, Sungwon-si, and (b) the wife E, who had a dispute, had his/her clothes, etc., and went out of his/her house, was laid back to the child F, G, H, and go out of the house. (b) The Defendant laid the brue cremation site in his/her room into a small room, and had it spread to the entire building of 105 square meters of the total floor area of 501 square meters, following the wall and ceiling of the 401 square meters.

Accordingly, the Defendant destroyed the wall wall of the above apartment that the four family members, including the Defendant and the wife E, used as a residence, to be approximately KRW 41,375,00 in repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to fire site survey reports;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 164 (1) of the Criminal Act selecting a penalty;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Application of the sentencing criteria [Determination of types] The basic area of fire prevention [decision of the recommended area] such as suspender buildings, etc., fire prevention (decision of the recommended area] from 2 to 5 years [general mitigation elements], effort to prevent fighting or other spread of damage, serious reflect [whether suspended execution of sentence is suspended] positive general participation factors: distinct social relation, efforts to prevent extinguishing fire and other spread of damage, contingent crimes, serious reflects, and no criminal records of suspension of execution of sentence or more.

3. The crime of this case committed by the defendant and his family members in this case is a building used as a residential area, and the defendant's life and body could have serious damage to other people living in the same apartment building. Therefore, it is necessary to strictly punish the defendant.