A defendant shall be punished by imprisonment for nine months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 3, 2016, the Defendant shall not drive a motor vehicle under the influence of alcohol because he/she is under the influence of alcohol from D (V, 60 years of age) who finds it in his/her place of residence in Gyeong-gun, Kim Jong-gun.

” 는 말을 듣고, 마당에 있던 나뭇가지를 거실로 가져와 바닥에 쌓고 그 위에 종이 달력을 올려놓은 후 라이터로 불을 붙여 위 건조물을 태우려 하였으나, 집 안에서 연기가 나는 것을 보고 찾아온 이웃 주민이 달력과 나뭇가지에 붙은 불을 껐다.

Thus, the defendant tried to fire a structure used as a residence by D et al., but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (where seizure is conducted);

1. Relevant Article of the Criminal Act and Articles 174 and 164 (1) of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The crime of this case on the grounds of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is committed by the Defendant, along with D, etc., in that the crime of this case was committed, and thus, the crime of this case could have been committed by the Defendant, and thus, the crime of this case may be less and less.

However, the circumstances favorable to the defendant include the fact that the fire was extinguishing early, there was no loss of human life and property damage, the fact that D does not want the punishment of the defendant, and the fact that there was no other criminal record other than that of the defendant being sentenced once to a fine, etc., shall be considered as favorable to the defendant, and the punishment as set forth in the Disposition shall be determined by comprehensively taking into account all factors of sentencing as shown in the arguments, such as the age, sexual conduct, the details of the instant crime and the circumstances after the crime.