A defendant shall be punished by imprisonment for not less than one year and six months.

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

피고인은 2020. 5. 24. 15:20경 부산 해운대구 B건물 2층 피고인의 주거지에서 남편인 피해자 C(69세)와 말다툼을 하고 화가 나 자살을 하기 위해 2층 주거지에 보관하고 있던 성냥 2통을 가지고 나와 빈집인 1층 안으로 들어가 성냥을 1층 거실 바닥에 쏟아 붓고 그 중 성냥 1개에 불을 붙여 위와 같이 쏟아 부은 성냥 더미에 던진 다음, 불을 번지게 하기 위해 불이 붙은 성냥 위에 창고에 보관하고 있던 솜 이불을 던져 이불에 불이 붙게 하였으나, 연기가 나는 것을 보고 2층 거주지에서 내려 온 피해자가 이를 발견하고 화장실 수도에 연결된 호스로 물을 뿌려 불을 껐다.

After all, the defendant tried to extinguish a fire to a building in which a person resides, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to written statements and investigation reports (explosion of field photographs);

1. Article 174 of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommendations on the sentencing criteria: An attempted criminal shall not be subject to the sentencing criteria.

3. Determination of sentence: The sentence shall be, as ordered, comprehensively taking into account the various sentencing conditions as set forth in one year and six months of imprisonment with prison labor, three years of suspended execution, the age, character and conduct, environment of the defendant, the motive and circumstances of each of the crimes of this case, the means and results thereof, and all of the sentencing factors in the course of trial and records, such as the circumstances after the crime.

The favorable sentencing conditions: The crime of this case was committed in the attempted crime, and the actual damage was minor, and the defendant was brought into dispute with his spouse, thereby making the crime of this case.