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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 8, 2014, at around 00:17, the Defendant: (a) filed a complaint with the victim D, who was in the first floor of the building located in Jung-gu Seoul Metropolitan Government, and rejected it; (b) destroyed part of the said windows, etc. by putting a fire with a disposable log attached in the window of the outer wall of the outer wall in front of the 'E' house operated by the victim D, which was located in the first floor of the building located in Jung-gu Seoul Metropolitan Government; (c) however, the Defendant destroyed part of the said windows, etc. by using a disposable log, which was placed in the window of the outer wall. However, before the fire was moved to a building,
Thus, the defendant tried to extinguish the existing building by fire, but did not commit it but did not commit an attempted crime.
Summary of Evidence
1. The defendant's legal statement 1. D's statement;
1. Each investigation report (referring to deliberation and reporting on the hearing, possibility of burning, etc. of statements by shots telephone);
1. Application of field photographs and photographs statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):
1. The defendant and his/her defense counsel's assertion as to the defendant and his/her defense counsel under Article 62-2 (1) and (2) proviso of the Probation Criminal Act. Since the defendant alleged that he/she was in a state of mental or physical disability under the influence of alcohol at the time of committing the crime, according to the evidence duly adopted and investigated by this court, it is acknowledged that he/she had drinking to a certain extent at the time of committing the crime, but it does not seem that he/she lacks the ability to discern things or make decisions. Thus, the above argument
Reasons for sentencing
1. The scope of recommendations according to the sentencing criteria (the determination of types) and fire prevention shall be general;