A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 19:50 on August 14, 2017, the Defendant: (a) destroyed a car in a way that 569,182 won as repair cost by putting the strings prepared for the bats, etc. of a car in front of the car on the ground that the car owned by the D, which was parked in the Dong-gu Seoul Metropolitan City, would interfere with the passage of the car by using the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of Acts and subordinate statutes, such as a report on investigation (on-site conditions, etc.), a black boom course image, estimates, fire identification results, and a legal chemical appraisal report;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

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. 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 to 15 years;

2. Application of the sentencing criteria [the types of decisions] general criteria for fire prevention, and class 2 (Setting fire to general buildings, etc.) [person in charge of special sentencing] mitigation elements: Non-won of punishment [the scope of recommended punishment] mitigation area, one year to 2 years of imprisonment.

3. Determination of sentence: One year of imprisonment, and two years of suspended execution, the crime of this case was committed by the Defendant with a fire by attaching the victim’s car, and thus, is highly dangerous to public safety and peace, and the occurrence of large-scale harm to human life and property may be caused by the mistake, and the nature of the crime is disadvantageous to the Defendant.

However, the fact that the defendant led to the crime of this case, property damage caused by the crime of this case is relatively large, and the defendant has compensated for monetary damage of the victim, the victim does not want the punishment of the defendant, the defendant has no record of punishment for the same crime, the defendant is aged 75 years old, and the mental health is not good due to dementia, etc., and the defendant's children are also included.